Gujarat High Court Orders Production of Individual in Judicial Custody for Habeas Corpus Hearing

The Gujarat High Court, in a petition under Article 226 of the Constitution of India seeking a writ of habeas corpus, directed the respondent authorities to produce the individual in judicial custody before the court for the next hearing scheduled on 16th December 2019. The court specifically instructed that the order be sent to the Jail Superintendent at Sabarmati Central Jail, Ahmedabad.

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Issues involved:
Petition under Article 226 of the Constitution of India for a writ of habeas corpus.

Analysis:
The judgment delivered by the Gujarat High Court involved a petition under Article 226 of the Constitution of India, specifically seeking a writ of habeas corpus. The applicant was represented by Ms. Niyati K Shah, while the respondent was represented by Mr. Hardik Soni. The court heard arguments from both sides, with Mr. Shalin Mehta, a senior counsel, representing the petitioner, and Mr. Hardik Soni, an Additional Public Prosecutor, representing the respondents.

During the proceedings, Mr. Hardik Soni, on behalf of the respondents, submitted an Affidavit in Reply filed by respondent No. 3, which was accepted and taken on record by the court. It was mentioned that the person in question, Sureshbhai Ghadecha, was lodged in the Central Jail, Sabarmati, Ahmedabad. Additionally, Ms. Niyati K. Shah, representing the petitioner, submitted a photocopy of a Notification issued by the Commissioner of State Tax, Gujarat State, which was also accepted and taken on record by the court.

After hearing the arguments from both parties and considering the earlier order dated 06.12.2019, the court directed the respondent authorities to produce Sureshbhai Ghadecha, the individual in judicial custody, before the court on the next date of hearing, which was set for 16th December 2019. The court specifically mentioned that the order was passed in the presence of the officer of respondent No. 3 Authority and instructed that the writ of the order be sent to the Jail Superintendent at Sabarmati Central Jail, Ahmedabad, with the next hearing scheduled for the specified date.

In conclusion, the Gujarat High Court, through this judgment, addressed the petition under Article 226 of the Constitution of India, focusing on a writ of habeas corpus and issuing directives regarding the production of the individual in judicial custody before the court for the next hearing.

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