AHMEDABAD: A habeas corpus petition left Gujarat high court judges perplexed. In her petition, a Surat woman sought custody of her abducted daughter as well as livestock which, she claimed, had been stolen from her.
Addressing the court online in hybrid hearing mode, the petitioner’s advocate, A B Pandya, informed the court that the woman’s daughter was abducted two years ago, and that goons had burnt down her hut and taken her cows, buffaloes and hens.
She had lodged two FIRs – in Aug 2022 and Feb 2023 – but police had been inactive in bringing her daughter and livestock back. The petition claimed that it was the handiwork of two land mafia at whose behest the municipal corporation later razed the hutment and disposed of her dwelling.
The bench of Justice A Y Kogje and Justice SJ Dave questioned the lawyer about the prayer made in the petition regarding securing custody of the woman’s livestock. Pandya replied that his client is like a mother to these animals and birds and therefore custody of them should be handed over to her.
Justice Kogje asked the lawyer how HC can exercise its power under the habeas corpus jurisdiction, to which the lawyer replied, “Because they are also human. She is the mother of these animals.”
The judges asked the lawyer to remove the prayer for custody of animals and birds from the petition, saying, “We are not convinced that we can invoke habeas corpus jurisdiction for animals and birds.”
The court has posted further hearing in this case to April 19.
Addressing the court online in hybrid hearing mode, the petitioner’s advocate, A B Pandya, informed the court that the woman’s daughter was abducted two years ago, and that goons had burnt down her hut and taken her cows, buffaloes and hens.
She had lodged two FIRs – in Aug 2022 and Feb 2023 – but police had been inactive in bringing her daughter and livestock back. The petition claimed that it was the handiwork of two land mafia at whose behest the municipal corporation later razed the hutment and disposed of her dwelling.
The bench of Justice A Y Kogje and Justice SJ Dave questioned the lawyer about the prayer made in the petition regarding securing custody of the woman’s livestock. Pandya replied that his client is like a mother to these animals and birds and therefore custody of them should be handed over to her.
Justice Kogje asked the lawyer how HC can exercise its power under the habeas corpus jurisdiction, to which the lawyer replied, “Because they are also human. She is the mother of these animals.”
The judges asked the lawyer to remove the prayer for custody of animals and birds from the petition, saying, “We are not convinced that we can invoke habeas corpus jurisdiction for animals and birds.”
The court has posted further hearing in this case to April 19.