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"High Court Rejects Habeas Corpus Petition: Refuses to Force Medical Tests Based on Alleged Black Magic"

07 May 2024 8:19 AM

By: Admin

In a significant judgment delivered on October 9, 2023, the Gujarat High Court has rejected a Habeas Corpus petition seeking the production and medical examination of two individuals alleged to have been illegally confined. The Court declined to force medical tests based on vague allegations of practicing black magic, emphasizing the importance of individual choice and personal liberty.

In a detailed oral order, the Bench, comprising HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MS. JUSTICE GITA GOPI, issued directions for medical evaluation after examining a pen-drive containing what they described as "shocking and disturbing" information. However, the corpuses resisted admission for observation and were taken to the police station and hospital without undergoing any tests.

The judgment highlighted that the assessment of mental condition cannot be forcibly imposed, especially when there is no concrete evidence of mental instability. The Court noted that one of the corpuses had achieved academic distinction by graduating with honors in English from M.S. University.

In the words of the Court, "We do not find that both the respondent Nos. 3 and 4 suffer from any type of mental disorder or disability. The practicing of black magic can be a personal choice, and this Court cannot delve into such issues in a habeas corpus petition."

The Bench further clarified that the corpuses could not be compelled to reside with or accompany the petitioners against their wishes, nor could they be directed to undergo medical tests to ascertain their mental health.

As a result, the Habeas Corpus petition was dismissed, and the notice was discharged.

This judgment underscores the principle of personal liberty and the limitations of seeking medical evaluation without substantial evidence, setting an important precedent in habeas corpus cases.

The representing advocates in this case were JITENDRA J PANDYA, MR. KISHORE PRAJAPATI for the Applicants, MR. JB DASTOOR for the Respondents, and MR. H K PATEL as the Additional Public Prosecutor.

Date of Decision: October 9, 2023

Padmaben Rajendrabhai Vyas vs. State of Gujarat

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