RAHIM BABUBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing the petition under Article 226 of the Constitution of India, the petitioner has prayed to issue writ of Habeas Corpus against the respondent Nos. 3 and 4 and also to produce the wife of the petitioner namely ?Zeenat? who is in illegal detention of the respondent Nos. 3 and 4.

(2.) This Court vide order dated 27.10.2003 issued Rule which was made returnable on 29.10.2010 and the Police Inspector, Ellisbridge Police Station was directed to ensure that the corpus ?Zeenat? before this Court.

(3.) The respondent Nos. 4 and 5 has entered their appearance through Mr. Mitul Shelat, learned Advocate of this Court and on behalf of respondent No.2, an affidavit-in-reply is filed, wherein, inter alia, all the averments made in the petition has been denied and further averred that the corpus is of unsound mind. She is not able to understand what is good and what is bad. She is under treatment of Dr. Darshah Shah, M.D., Psychiatrist, who has also issued certificate that the corpus is under mental depression. So, it is prayed that the custody of the corpus may be handed over to the parents.