Devipujak Virabhai Amibhai vs State Of Gujarat

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is a petition preferred by the petitioner under Article 226 of the Constitution of India seeking production of the corpus namely - Savabhai who is the son of the petitioner Page 1 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020 R/SCR.A/1191/2020 ORDER who, according to him, had been allegedly taken away by respondent nos. 4 to 7.

2. It was the say that his son Savabhai was married earlier and he had four children. His first wife died two years back and he got married with respondent no.6 - Rekhaben. It is the say that Rekhaben left home without informing anyone and despite the best of the efforts to bring her back, she chose not to return.

3. It is alleged that on 15.09.2019, respondent nos. 4 to 7 came to the place of the petitioner and forcibly taken away his son Savabhai in a Jeep car. Attempts were made to bring him back, however, in wane. The attempt to lodge First Information Report also failed and police recorded the missing complaint. It is reiteratively alleged by the petitioner that the corpus has been detained against his wish and will and there is a violation of the fundamental right and therefore, the present petition has been filed with the following prayers:

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R/SCR.A/1191/2020 ORDER "(A) Your Lordship may be pleased to admit and allow this petition.

(B) Your Lordship may be pleased to issue a writ of habeas corpus and/or any other writ, order or direction directing the concerned respondents to produce the corpus namely Savabhai (the son of the petitioner) before this Hon'ble Court and, thereafter, further be pleased to pass appropriate and further orders handing over the custody of the corpus namely Savabhai to the petitioner. (C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the concerned respondent to produce the corpus namely Savabhai (the son of the petitioner).

(D) Your Lordships may be pleased to pass such other orders as may be deemed just and proper in the circumstances of the case."

4. This Court issued notice long back and the matter had been kept time and again for production of the corpus who has been brought before this Court today through video conferencing arranged at the Court of learned 4th Additional District and Sessions Judge, Visnagar. Mr. Upendra Bhatt, learned 4th Additional District and Sessions Judge, Visnagar has ascertained from the corpus whether he had any physical injuries and he replied that he was given slaps and beatings Page 3 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020 R/SCR.A/1191/2020 ORDER by some persons but for now he does not have any kind of injuries. He had detailed as to how he was taken away and was miserable for quite some time when his liberty was at stake. He was also scared of some of the persons who had abducted him. He urged that he would like to join his parents at his village.

5. Learned advocate Mr. Chaudhari appearing for the petitioner has urged that let an arrangement be made by the police to take him to his parental home. He also urged that all attempts which have been made to find out the son of the petitioner i.e. the corpus had failed. It is his say that the application given to Police Sub-Inspector, Vadnagar Police Station was against Ramabhai Parkhabhai, Popatbhai Shankarbhai, Rekhaben Mafabhai and Pappubhai Mafabhai. It was the say that others were present in the Jeep car and they had abducted the petitioner's son.

6. Today when the corpus was inquired by this Court, he has named Ramabhai Parkhabhai, Popatbhai Shankarbhai, Bharmabhai Bholabhai, Ishwarbhai Punjabhai and Page 4 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020 R/SCR.A/1191/2020 ORDER Bhathibhai Virabhai who, according to him, had been instrumental in taking him away and also beating and detaining him.

7. Learned advocate Mr. Nishith Thakkar appearing for respondent no.4 has urged that Ramabhai Parkhabhai is unable to walk and he has only one eye. It is quite unlikely that he would in any manner harass anyone or physically harm anyone.

8. The statements of both the sides have been regarded, however, the allegations and counter allegations in respect of role of some of the respondents, the Court would choose not to adjudicate. It is a prerogative of the police authority and in an appropriate proceeding, the same can be contested. What the Court needed to ascertain is the well being of the corpus and also to know the version of the corpus who had been missing for a long time.

9. Noticing the illegal confinement and also the desire of the present applicant of joining his parents at his village Page 5 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020 R/SCR.A/1191/2020 ORDER Undani, Taluka Vadnagar, District Mehsana, the police shall escort him providing necessary protection. Let the Protection be also continued at his village for coming six weeks. Thereafter, it can be reviewed by the Superintendent of Police, Mehsana.

10. As the complaint has already pending with the police authority treating as a missing complaint, now when the corpus having returned and with his specific allegations against some of the persons named herein above, let the same be inquired into and investigated after lodgment of FIR without any loss of time.

11. Any difficulty that the corpus may find in getting himself or his family members protected, he shall be at liberty to approach this Court or to take any other recourse as found necessary under the law.

12. Petition stands disposed of accordingly.

13. We note, with satisfaction, the assistance rendered by Page 6 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020 R/SCR.A/1191/2020 ORDER Mr. Upendra Bhatt, learned 4th Additional District and Sessions Judge, Visnagar in the entire proceedings. He is also requested the safe transportation of Corpus by coordinating with the Police agency today.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./Bhoomi Page 7 of 7 Downloaded on : Sat Jul 25 23:16:07 IST 2020