Practicing Black Magic Can Be Personal Choice: Gujarat High Court Refuses Forced Medical Tests In Habeas Corpus Petition
The Gujarat High Court emphasized that practicing black magic is a personal choice, a matter beyond the scope of a habeas corpus petition. Despite disturbing evidence found on a pen-drive, the Court refused further medical tests, stating that respondents cannot be forcefully subjected to such tests based on vague allegations. The writ petition was filed seeking a writ of Habeas Corpus or any other appropriate writ, order, or direction directing the respondents to produce two individuals (respondent No. 3 and 4) before the court and to set them free from alleged illegal confinement. The petitioners also requested medical checkup and treatment for the respondents and requested that certain information not be disclosed to the media.
A Division bench of Justice A.S. Supehia and Justice Gita Gopi found, “We do not find that both the respondent Nos.3 and 4 suffer from any type of mental disorder or disability. On the contrary, the respondent no.3, who is the daughter of the petitioner no.2 has cleared her graduation with distinction. The practicing of black magic can be a personal choice, and this Court cannot delve into such issues in a habeas corpus petition.”
Advocate Jitendra J Pandya appeared for the Applicants and Advocate J B Dastoor appeared for the Respondents.
The Court noted that the respondents, who were allegedly confined, were present before the court. The Court also mentioned that the respondents had been examined medically, and certain shocking and disturbing information was found on a pen-drive submitted as evidence. However, the Court decided not to subject the respondents to further medical tests to ascertain their mental health, stating that practicing black magic is a personal choice, and the Court cannot interfere in such matters in a habeas corpus petition. The Court said, “In our considered opinion, the respondent Nos.3 and 4 cannot be forcefully subjected to medical test in order to ascertain their mental stability (ability) that too in habeas corpus petition on vague allegations that they are practicing black magic.”
The Court concluded that it had ascertained the wishes of the respondents, who expressed their desire to reside at their current address and not to accompany the petitioners.
The Court respected their decision and dismissed the writ petition, stating that it could not compel them to reside with or accompany the petitioners against their wishes or subject them to medical tests against their will.
Cause Title: Padmaben Rajendrabhai Vyas v. State Of Gujarat
Click here to read/download Order