LI Network
Published on: October 13, 2023 at 11:40 IST
Gujrat HC held Forcing individuals to undergo medical tests in a habeas corpus petition to determine their mental stability and substantiate allegations of practicing black magic is impermissible.
Justices A. S. Supehia and Gita Gopi, offering a different perspective from a previous order by a Coordinate Bench, found that individuals “cannot be forcefully subjected to medical tests in order to ascertain their mental stability on vague allegations that they are practicing black magic” in a habeas corpus petition.
The court confirmed that it had assessed the wishes of the individuals in question and had personally interacted with them.
The justices concluded that they did not suffer from any mental disorders or disabilities. The court also highlighted that practicing black magic could be a personal choice and is not a matter to be delved into within the context of a habeas corpus petition.
In this case, the petitioners claimed that the respondents were practicing black magic on the individuals in question and had illegally detained them. However, the court determined that it was not appropriate to forcibly subject the individuals to medical tests or compel them to reside with the petitioners against their wishes. Therefore, the court dismissed the petition.
This decision contrasts with a previous order that directed medical examinations based on shocking and disturbing information from a pen drive. However, after considering the respondents’ side of the story and their objections, the court decided against such medical examinations, respecting the individuals’ autonomy and choices.
The court concluded that allegations of practicing black magic do not warrant forcing individuals to undergo medical tests against their will in a habeas corpus petition.
