Can't Forcefully Subject Persons To Medical Tests Under Habeas Corpus To Ascertain Mental Stability & To Substantiate Allegations Of Practicing Black Magic: Gujarat HC

Justice A. S. Supehia and Justice Gita Gopi also observed, “We have ascertained the wishes of respondent Nos.3 and 4. We have also personally interacted to them. 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 Applicants No.1 and 2, Advocate JB Dastoor appeared for Respondents No. 3,4,5 and APP H K Patel appeared for Respondent No. 1.

In the present matter, it was the case of the petitioners that the Respondent no.3 is the wife and respondent no. 4 is the daughter of petitioner no. 2, whereas Petitioner no. 1 is the father of Respondent no. 3 and maternal grandfather of Respondent no. 4. It was alleged by the present petitioners that Respondent no. 5 to 7 were practicing black magic on the respondent no. 3 and 4 and had illegally detained them.

It was averred by the petitioners that the cause title of the writ petition of respondent Nos.5, 6 and 7 revealed that they were Reki teacher of Art of Living Master and Vastu Consultant. Therefore, the entire genesis of the present writ petition was that the respondent Nos.5 and 6 have illegally confined the respondent Nos.3 and 4 by practicing black magic on them.

It is pertinent to note that in the order dated September 27, 2023, the bench after perusing the contents of a pen-drive had observed, “In the meantime, the content of the pen-drive at Annexure-A was perused by one of us and it reveals something which is very shocking and disturbing which in the opinion of the Court cannot be disregarded and therefore, the examination of medical condition of both the corpuses would be essential”. Resultantly, directed the arrangement of order dated September 21, 2023 with the additional directions (for admission in the psychiatry ward) to continue till the next date of hearing.

However, the respondents-corpus were present before the bench during the hearing and had submitted that pursuant to the order dated September 27, 2023, they were taken to Manjalpur Police Station, Vadodara and from there, they were taken to S.S.G. Hospital, Vadodara were and made to sit till 12 o'clock in the night and thereafter, their examination was refused.

It was further stipulated by the corpuses before the Court that one of them has completed her B.A. graduation in English with distinction from the M.S.University and in all three years of graduation, she secured a distinction. The other corpus stated that in fact, the entire dispute is with regard to claim on the property, in which they are residing where the petitioners are attempting to see that the said property gets vacated as the Society has been acquired for redevelopment by a Builder and they are objecting to it. It was further contended that the said property (apartment) was bought on her own means by her mother. Further that the petitioner No.2-Shriram Bhatt, who is her father and the husband of the respondent No.3, has in fact left them in 2018 and they are maintaining themselves.

Therefore, noting the facts and circumstances of the present case, the bench discharged the notice and further observed, “On being ascertained that the respondent Nos.3 and 4 would not like to accompany the petitioners and they would like to reside at the place, where they are presently residing at the given address, we cannot compel them to reside with or accompany the petitioners against their wishes. Neither we can direct them to be subjected to medical tests ascertaining their mental health”.

Accordingly, the bench dismissed the petition.

Cause Title: Padmaben Rajendrabhai Vyas v. State Of Gujarat

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