RASIDABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred under Article 226 of the Constitution of India seeking issuance of writ of habeas corpus for production of the corpus Amir - son of the petitioner, before this Court who is alleged to have been illegally detained by the Special Operation Group (SOG herein after).

(2.) It is the case of the petitioner that she resides with her family at the address given in the cause title, Siyasatnagar, Chandola Lake, Isanpur, Ahmedabad. She has three sons and three daughters. The corpus Amir is one of her sons who is married and he also has three children; two sons and one daughter. The petitioner has her Election Card, Ration Card as also Aadhar Card to substantiate her version. She is residing in Ahmedabad with her family for a long time. She was doing the labour work in Ahmedabad on construction site in her young age when the corpus Amir was born at work place. She being an illiterate lady, the requirement of registration of birth was not known to her and therefore, the birth of the Amir was not registered. However, he is married and has three children who are all born in Ahmedabad.

(3.) This Court issued notice on 14/7/2020 and directed the corpus to be produced before it on 16/7/2020 through video conference from the nearest Court where Assistant Commissioner of Police, SOG was asked to remain personally present. Dr.Harshad Patel, Deputy Commissioner of Police, SOG also was present as directed by this Court and the following order came to be passed on 16/7/2020.