Libertatem Magazine

Nobody can be permitted to the Court or the Court proceedings for a ride

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In the case of Dineshbhai Bhangvanbhai Banbhaniya v. State of Gujarat , decided on 24th September 2015 by the High Court of Gujarat presided by the division bench of Justice M.R. Shah and Justice K.J.Thaker. The 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, 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 further substantiate the allegations so made. 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. 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.

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