Guj HC issues notice to Chief Secretary on a `habeas corpus`

Last Updated: Friday, December 4, 2009 - 00:34

Ahmedabad: The Gujarat High Court ob Thursday
issued notice to state chief secretary on a `habeas corpus`
petition by one Sorubibi Shaikh claiming that police have
wrongly detained her three minor children in April this year.

A division bench of Gujarat High Court comprising
Justices A L Dave and H N Devani also issued the notice to
state home department and Director General of Police of
Gujarat after preliminary hearing of the petition.

Sorubibi wife of Salim Shaikh has claimed in her petition
that her children Haroon (13), Shafiq (10) and Tariq (5), who
is mentally retarded, have been illegally arrested by the
crime branch from her hutment at Chandola lake on April 25,
2009.

"The whereabouts of the detained children are not known
to her till now," the petition mentioned.

As per the petition the police had raided slums near
Chandola lake area on April 25 and detained around 350 persons
including women and children saying that they were
Bangladeshis, illegally residing in the country.

However, the petitioner has contended in the petition
that she is a citizen of India, her minor children have not
committed any crime, their arrest and detention is absolutely
unconstitutional and violative of Article 21 and 22 of the
Constitution.

After enactment of the Juvenile Justice (Care and
Protection of Children) Act, 2000, the crime branch police
have no power, authority and jurisdiction to arrest and detain
children, she further contended in the petition.

The petitioner has also submitted that the police have
detained her husband Salim Shaikh along with her three
children.

The petitioner further said her hutment was later razed
by Ahmedabad Municipal Corporation along with other slums in
the area and she has no place to live at present.

PTI



First Published: Friday, December 4, 2009 - 00:34

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