The Division Judge Bench of Justice Umesh A. Trivedi and Justice M.K. Thakker of the Gujarat High Court in the case of Lilabhai Shankarbhai Sapariya Vs State of Gujarat held that inquiry in Habeas Corpus is required to be initiated to ascertain whether a Corpus is illegally detained by any person or authority or not.

Brief facts

The factual matrix of the case is that the corpus had a fight with respondent no. 7 regarding the habit of chewing Gutkha of the Corpus. Thereafter, when respondent no. 7 returned home from his job, then he found out that the corpus is not at home. After that, the petitioner was informed by the respondent no. 7 about the missing daughter-in-law from the matrimonial home. After inquiry, the petitioner came to know that there was some relation between respondent No. 5 and corpus. Furthermore, it was alleged by the petitioner that the Corpus was illegally confined by Respondent Nos.5 to 8, and though the missing complaint was lodged, the Corpus was illegally confined by Respondent Nos.5 to 8 and though the missing complaint was lodged. Then, the writ petition was filed by the petitioner.

Contentions of the Petitioner

The learned counsel appearing on behalf of the Petitioner contended that no fruitful efforts were made by the police officials in tracing the corpus. Furthermore, it was contended that there is a clear matter of illegal confinement by the private respondent.

Contentions of the State

The learned counsel appearing on behalf of the state contended that all the police stations of Ahmedabad city were intimidated and all the details were sent to the leading news channels and newspapers for publication. Furthermore, visits were made to different villages in search of the corpus. It was also contended that the details of unidentified dead bodies of all ages are collected, and records of accidental death are also checked with different police stations. Also, the dead was found which was similar to the corpus, and along with this one male dead body was also found. Thereafter, the dead body was identified and it came to be a dead body of corpus and respondent no. 5.

Observations of the Court:

The Hon’ble Court observed that sincere attempts were made by the investigating agency in finding the corpus and they had also traced out the dead body, which was stated to be of the Corpus and Respondent No.5.

It was furthermore observed that to determine if a corpus has been detained unlawfully by a person or authority, a Habeas Corpus investigation must be launched and in the present case, there is no illegal detention of the adult corpus.

It was noted the purpose of a writ of habeas corpus is to guarantee freedom and restore the liberty of a person who has been taken into somebody’s custody against their will.

Based on these considerations, the Hon’ble court was of the view that the writ of habeas corpus can’t be entertained.

The Decision of the Court:

With the above direction, the Hon’ble Court rejected the application.

Case Title: Lilabhai Shankarbhai Sapariya v. State of Gujarat

Coram: Hon’ble Mr. Justice Umesh A. Trivedi and Hon’ble Mr. Justice M.K. Thakker

Case No.: R/SPECIAL CRIMINAL APPLICATION NO. 7864 of 2020

Advocate for the Applicant: Mr. Dipen F Chaudhari

Advocates for the Respondent No. 6: Hasmukh V Parmar, Mr. Rajesh M Chauhan

Advocate for the Respondent No. 7,8: Ms. JK Hingorani

Advocate for the Respondent No. 1: Mr. Bhargav Pandya

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