The division bench of justices G K Vyas and G R Moolchandani, hearing the habeas corpus petition moved by Patel last week, gave this order when a report by intelligence agencies was produced by the government counsel referring to Patel's conduct and necessity to keep him under house detention.
Additional Advocate General P S Bhati argued in the court that steps taken so far have been aimed at Patel's security and his conduct as a precaution.
Objecting to this, Patel's counsel Rafeeq Lokhandwala argued that the government counsel was misinterpreting the bail orders of the Gujarat High Court and has illegally kept him hostage in the name of security.
Bhati said a case against Patel had been registered, the investigation in which has been completed and now the court's permission was awaited to arrest him.
To this, the high court first ordered the case diary to be produced and asked the investigating officer to be present in the court on September 5 to decide on his arrest before proceeding with the habeas corpus petition.
The high court had issued notice to the state government on August 26 seeking reply in two weeks time.
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