SUBHASHBHAI VIDHYARAM VARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India. The applicant is the elder brother of the corpus - Rajendra Vidhyaram Verma. They are four brothers and the applicant is the eldest one. The youngest brother is Sudama who is 22 years old.

(2.) On 1/1/2021, Sudama ran away with a minor girl and as both of them were not traceable, the brother of the applicant - Rajendra was taken away by the Ramol Police Station on 2/1/2021 in the morning hours.

(3.) The grievance on the part of the applicant is that he had been illegally detained by the respondent police authority without any complaint and without his fault, at Ramol Police Station. The corpus is in the business of selling fruits and vegetables as a retailer for earning his livelihood. It is seriously alleged that he was physically and mentally tortured. His health was not good however, the police had not released him from illegal custody nor has given any explanation as to why he was detained.