Gujarat High Court: In an application seeking writ of habeas corpus against the respondents to present the petitioner’s daughter and wife before the Court and seeking their medical examination, the Division Bench of A.S. Supehia and Gita Gopi, JJ. dismissed the application and held that that the corpus cannot be forcefully subjected to medical test to ascertain their mental stability that too in habeas corpus petition on vague allegations that they are practicing black magic.
The corpus duo who was sought to be presented before the Court is a mother and daughter. The petitioner’s case was that the respondents who are Reki teacher of Art of Living Master and Vastu Consultant have been practicing black magic on his daughter and wife and that his daughter and wife have been illegally confined by them and are under their influence. The daughter’s case was that the entire dispute was regarding a claim on the property, in which they are residing and the petitioner, who is her father was attempting to get the property vacated as the Society was acquired for redevelopment by a builder and they are objecting to it. The daughter had also stated that the said property was bought by her mother and her father had left them in 2018 and they have been maintaining themselves. The duo had specifically denied being subjected to medical tests assessing their mental fitness as both of them are mentally stable and can take conscious decisions.
The Court noted that a Coordinate Bench had previously opined that medical examination of both the corpus was essential. The Court also noted that both the corpus were taken to the police station and thereafter to the hospital in the night, and were made to wait, and ultimately no test was undertaken.
The Court opined that the corpus cannot be forcefully subjected to medical test to ascertain their mental stability that too in habeas corpus petition on vague allegations that they are practicing black magic. The Court found that the corpus did not suffer from any type of mental disorder or disability and said that the petitioner’s daughter had cleared her graduation with distinction. The Court also said that practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition.
Further, the Court said that both the corpus cannot be forced to accompany the petitioner and reside with him, nor could they be directed to be subjected to medical tests ascertaining their mental health. Therefore, the Court dismissed the petition.
[Padmaben Rajendrabhai Vyas v. State of Gujarat, 2023 SCC OnLine Guj 3895, Decided on: 09-10-2023]
