Guj HC issues notices to cops on habeas corpus plea

The Gujarat High Court issued notices today to the Bhuj superintendent of police and an A-division police station officer on a habeas corpus petition filed by the wife of a man who went missing after being allegedly picked up from his residence by police on July 19.

A habeas corpus plea is a petition filed to ensure a person under arrest is brought before a court to determine if the detention is legal.

A division bench of justices S R Brahmbhatt and A G Uraizee directed the police officers to respond by September 6 by either producing the missing person--Majid Theba--before it or informing the court about his whereabouts.

Theba has been missing since July 19 after he was picked up by the Bhuj A division police officials, his wife Ashiyana Theba said in her petition.

Ashiyana, who is pregnant, alleged that the officials picked up her husband from their house in Bhuj and beat him up before taking him to the police station.

She said in the petition that she had submitted two applications with the Bhuj police station and the district SP on July 24 and July 30 respectively, stating that her husband had been missing since being detained by police.

She claimed that she too was beaten up by the policemen on July 19, following which she was admitted to a hospital.

The hospital discharged Ashiyana on the same night, despite her condition being "serious", under pressure from the cops, the plea stated.

Social activists had rallied behind the family of missing Theba.

Police had refused them permission to hold a "Majid Khoj Yatra" from Ahmedabad to Bhuj, after which they moved the high court which ordered the police to consider their request.