CW-2016-0036Surat, GujaratJudgment 23 December 2016

Surat Man vs State of Gujarat & Ors.

The Gujarat High Court Division Bench (Harsha Devani and Biren Vaishnav JJ., 23 December 2016) allowed the habeas corpus petition of Hamirbhai Gabu on behalf of detenue a Surat man The court recorded that the PASA detention order of 27 May 2016 was revoked by the State Government on 6 June 2016, yet the detenue was released from Lajpore Central Jail, Surat only on 12 July 2016 though required in no other case. The court held it established that he remained under illegal incarceration at the hands of the authorities and the State for more than a month, showing scant regard for personal liberty under Article 21. It directed the State to pay Rs 50,000 compensation to the detenue plus Rs 10,000 costs and made the rule absolute. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 23 December 2016 in R/Special Criminal Application (Habeas Corpus) No. 4937 of 2016, the Gujarat High Court (Coram: Harsha Devani, Biren Vaishnav, JJ.) returned findings adverse to 3 police personnel, namely: Commissioner of Police, Rajkot City; Superintendent, Lajpore Central Jail, Surat; Jailor Grade-2, Lajpore Central Jail, Surat, and directed payment of compensation of Rs 50,000.

Register number
GJ 05 CW 0003
Case reference
R/Special Criminal Application (Habeas Corpus) No. 4937 of 2016
Court and date
Gujarat High Court (Coram: Harsha Devani, Biren Vaishnav, JJ.), 23 December 2016
Officer(s) at the material time
Commissioner of Police, Rajkot City; Superintendent, Lajpore Central Jail, Surat; Jailor Grade-2, Lajpore Central Jail, Surat
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 21 of the Constitution of India; Article 226 of the Constitution of India
Finding of the Court (extract)
“the detenue has remained under illegal incarceration/detention at the hands of the authorities and State for a period of more than a month is established” (at para 14)
Verdict, sentence and quantum
Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 50,000.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Gujarat High Court judgment dated 23 December 2016 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“the detenue has remained under illegal incarceration/detention at the hands of the authorities and State for a period of more than a month is established” (para 14)

Institutional response

1
23 Dec 2016

Order issued

Concluded
Gujarat High Court External · Binding

The Gujarat High Court recorded adverse findings against police personnel and ordered Rs 50,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: R/Special Criminal Application (Habeas Corpus) No. 4937 of 2016
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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