Can't Invoke 'Habeas Corpus' For Animals & Birds: Gujarat High Court Asks Lawyer To Amend Plea Seeking Custody Of Stolen Livestock

The Gujarat High Court recently observed that it cannot issue a writ of habeas corpus over stolen livestock and suggested the lawyer who had filed the petition to "go through the law regarding habeas corpus first".

The division bench comprising Justices A Y Kogje and Justice SJ Dave was dealing with a plea moved by Kasmaben Somubhai Singade, a woman from Surat seeking custody of her abducted daughter and stolen livestock.

At the outset, the bench questioned the prayer seeking custody of 'birds, cows, buffaloes, etc.' “How can we exercise this, mister?” Justice Kogje asked her counsel AB Pandya.

Pandya responded that petitioner is the mother of the stolen animals and wishes to protect their life.

Unconvinced, the bench asked Pandya to remove the prayer seeking custody of animals and birds from the petition and limit it to the prayer seeking custody of the daughter.

“We are not convinced that we can invoke habeas corpus for animals and birds...You amend this prayer, mister. It seems You have to go through the law regarding habeas corpus first, and then accordingly cause some amendment in your petition to bring it within the framework of the habeas corpus writ,” Justice Kogje said.

In the meantime, the Court has directed the APP to report with regard to the missing corpus - Shanna - the daughter of the petitioner.

Case No.: R/Special Criminal Application (Habeas Corpus) No. 4415 Of 2024

Case Title: Kasmaben Somubhai Singade Nanabhai Vasanbhai Bhabors Daughter W/O Somubhai Kukarji Singade Versus State Of Gujarat & Ors.