Dharmeshbhai Rajubhai Mistri v. State of Gujarat & 5
2017-02-03
AKIL ABDUL HAMID KURESHI, BIREN VAISHNAV
body2017
DigiLaw.ai
ORDER : AKIL KURESHI, J. This petition is filed by one Dharmeshbhai Mistri, claiming that he and one Hiral, aged about 21 years, daughter of respondent No. 5 had got married on 13.12.2016 Case of the petitioner also is that the father and other relatives of the girl were extremely unhappy about the marriage. Hiral has been forcibly taken away by them and presently detained by them. 2. In response to the notice issued, Shri Rathod, P.I, Vadaj Police Station was present before the Court. On his instructions, learned APP had stated before us that Hiral is unwell and is admitted in the TB Hospital. The doctor, under whose treatment she was, had stated that she was unable to give statement. Upon our repeated queries, the police officer had conveyed to us through learned APP that the said hospital is a government hospital. When inquired whether at least a statement of the doctor was recorded or not, we were told that the doctor had refused to give the statement. 3. We were intrigued by several factors. Firstly, counsel for the petitioner stated that there was no history of TB in case of Hiral. Why she was kept in TB hospital was, therefore, the first question. Secondly, if she was admitted in the Government Hospital, we were surprised that the doctor on duty ignoring the authority of the police officers who were acting under the Court order to produce the girl, had refused to have his statement recorded. We had, therefore, requested learned APP to make further inquiries and apprise us about the correct position. 4. In the later part of the day, learned APP Ms. Jirga Jhaveri produced the statement of Hiral recorded by Shri R.M Rabari, PSI, Mirzapur Police Station. She also produced a copy of the certificate dated 02.02.2017issued by one Dr. Rohan Modiya, Swami Ramanand Saraswati Trust. Contents of the certificate are as under: “Patient Name Hiralben Baldevbhai Patel age 21 years she is admitted in our hospital today with clo weakness, giddiness, indelogati loco and she diagnosed provisional as anxiety neurosis plus general debility and her general condition is not well. So advised for admission and rest. Pt admission on 02.02.2017 Thanking you.” 5. From the statement of Hiral, it can be gathered that such statement was recorded in presence of her parents. This is extremely disturbing aspect of the matter.
So advised for admission and rest. Pt admission on 02.02.2017 Thanking you.” 5. From the statement of Hiral, it can be gathered that such statement was recorded in presence of her parents. This is extremely disturbing aspect of the matter. When the allegation in the habeas corpus petition are that Hiral is confined by her father and other relatives against her wish, the police officer concerned ought to have at least had the basic common sense to record the statement in their absence. We are, therefore, not confident about the statement of Hiral being free from pressure. Secondly, the hospital where Hiral is admitted is clearly not a Government hospital contrary to what was conveyed to us in the morning. Thirdly, the certificate dated 02.02.2017 of the doctor suggested that Hiral is suffering from anxiety. It is surprising that she was admitted in a TB hospital. 6. Under the circumstances, following directions are issued: (I) The concerned police authorities shall take immediate steps to have Hiral examined by the Government hospital at Vijapur today itself. (II) The concerned doctor at Government Hospital, Vijapur, shall, after examining Hiral, certify whether she is fit to travel to Ahmedabad or not. If not, within what time she can travel. (III) If the Government doctor so permits, the police authorities shall bring Hiral before the Court on 06.02.2017 If by then she is not able to travel, certificate to that effect shall be issued and produced before us on 06.02.2017 (IV) In the later half, when this matter was taken up, Shri Rathod, PI from Vadaj Police station was not present. We, therefore, could not inquire from him under what circumstances he had supplied wrong information to the Court. He shall, therefore, remain present before the Court on 06.02.2017 This order is passed in presence of the learned APP and the Police Officer viz. Shri R.M Rabari, PSI, Himmatnagar, who shall immediately convey the same to the concerned police officers at Vijapur, for necessary follow up action. In any case, a copy of this order be made available to learned APP Ms. Jirga Jhaveri. 7. S.O to 06 02 2017.