Tue. Sep 22nd, 2020

Nobody can be permitted to take the court or the court proceedings for a ride

2 min read

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 Gujarat, decided on 24.09.2015]
Source: Legal news India

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