The Gujarat High Court on September 19, 2025 allowed a Writ of Habeas Corpus filed by a woman confined to a shelter home (respondent no. 3) by the Magistrate. Justices Sanjay Gowda and Utkarsh Thakorbai Desai stated that once the woman requests liberty, the Magistrate is duty bound to release her.
The petitioner lodged a complaint on January 10, 2025, alleging that she had been subjected to rape, which led to the registration of an FIR. When she was produced before the Magistrate on March 30, 2025, around 8 p.m., she expressed her unwillingness to return to her parents’ house. The Magistrate, considering the late hour, directed that she be placed in a shelter home. Subsequently, the petitioner applied for release from the shelter home, but her request was rejected, forcing her to remain confined there. Following this, the petitioner then approached the Court by filing a writ of Habeas Corpus, alleging illegal confinement.
The Court held that the Magistrate’s observations were inappropriate and infringed upon the petitioner’s fundamental right to lead a life of her choice, further noting that the order was unnecessary since she was neither accused of any crime nor required for any investigation. It was reiterated by the Court that while the magistrate can send a woman to a shelter home for her safety, such a direction cannot be indefinite or against her will. The Court declared the Magistrate’s order non est, or without legal standing, and directed the shelter home to release the petitioner forthwith, allow her to collect her belongings, and accordingly allowed the writ petition.
Appearances:
For the Petitioner : Adv. Ms Shivani Lad
For the Respondent : Addl PP Mr. Jay Mehta
