Gujarat High Court– While delivering an order in a special criminal application with regard to the allegations made in the petition about alleged illegal confinement of the corpus – Hardik Patel, the division bench of M.R. Shah and K.J Thaker, JJ stated that the Court is not at all satisfied with respect to the allegations made by the petitioners in the present petition and decided to give further opportunity to the petitioners and/or their counsel to substantiate the allegations so made. The reason forwarded by the Court for giving an opportunity to further substantiate was that if anybody has tried to mislead the Court or has made false statements and has taken the court proceedings lightly, the same cannot be permitted and/or tolerated. The Court also opined that nobody, whoever he/she may be, can be permitted to take the court proceedings lightly and/or cannot be permitted to take the court or the court proceedings for a ride.

In the instant case the corpus had made allegations in his petition of alleged illegal confinement by the State which led the Court to believe for initiation of the Habeas Corpus proceedings immediately i.e. at 1.30 AM on 23.9.2015. While adjourning the matter to a further date, the Court made clear that it is not expressing any opinion as to whether the corpus was in illegal detention and/or illegal confinement of any of the respondents and/or any police authority of the State. Dineshbhai Bhagvanbhai Bambhaniya v. State of Gujarat2015 SCC OnLine Guj 1116, decided on 24.09.2015


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