In an interesting case, a woman has approached the Gujarat High Court to get back his son who was arrested by the Gujarat police’s Special Operations Group on June 18. The woman’s 40-year-old son was arrested on suspicion that he is a Bangladeshi citizen and is staying in India illegally.
The woman has claimed in her habeas corpus petition that her son has been behind the bars since June 18. The issue was taken up for hearing on Tuesday by a division bench of the high court.
Her son is an Indian citizen
Appearing for the woman, advocate Anand Yagnik contended that the man arrested on
suspicion of being a Bangladeshi citizen is an Indian citizen.
Yagnik said even if it is assumed that he is a Bangladeshi citizen,
the Citizen Amendment Act provides that if a person is born before 1987,
then he shall be considered as a citizen of India.
The advocate has also contended that it is an admitted fact that the man is 40-years-old.
Therefore, he added that it cannot be said that he is not a citizen of India.
The advocate also contended that the man also holds an Aadhar Card issued by the Union government.
Yagnik further argued that no laws in India provide that SOG can
keep any foreigners in their custody.
At most, he can be sent to the Central Jail.
The advocate, thereafter, made a request to the court to allow
him to meet the man at an independent place.
Govt says he is Bangladeshi
Public prosecutor Mitesh Amin appeared for the state government. He contended that the man is a Bangladeshi citizen. He submitted that the advocate can be permitted to meet the man,
but only in the presence of police authorities.
Yagnik, however, objected to it. He took the ground that the right to privacy. He said the right of his client would be breached if police authorities remain present in the meeting.
HC allows woman’s lawyers to meet the corpus
Following the submissions,
the division bench of the high court acceded to the request of the petitioner’s counsel.
The court has allowed Anand Yagnik and his colleague advocate Bhavyaraj Gohil to meet
the man on July 29 at the Mediation Centre of the City Civil and Session Court, Ahmedabad. The court, however, clarified that the meeting will be held in the presence of a judicial officer between 3 and 5 pm.
Anand Yagnik said after the meeting, an affidavit would be submitted by
the petitioner on the next date of hearing scheduled on July 31.
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