Police had earlier claimed that Hardik had given them a slip when they went to detain him after he organised a public meeting allegedly without prior permission in Aravali district.
In a rare move, a division bench comprising justices MR Shah and K J Thaker heard the petition at 1.20 AM with Hardik's aide Dinesh Patel seeking court's intervention to direct authorities to produce Hardik.
Public prosecutor Mitesh Amin said Hardik is not in police custody. However, the high court asked the state government to find Hardik saying "he is a citizen of the country".
The hearing conducted at the residence of one of the two judges concluded 2.40 AM.
The petitioner submitted that he was with Hardik when the police tried to detain the 22-year-old leader. He alleged that Hardik must have been in police custody.
Advocate B M Mangukiya who appeared for Patel had earlier moved the plea before the registrar general after obtaining permission from acting chief justice Jayant Patel for conducting special hearing early this morning.
Police later registered an FIR against Hardik and 20 others for violating prohibitory orders.
Hardik is leading an agitation for inclusion of Patel community in OBC category for reservation.
