JUDGMENT :

Sonia Gokani, J.:-

1. This is a petition preferred under Article 226 of the Constitution of India seeking issuance of writ of habeas corpus for production of the corpus Amir - son of the petitioner, before this Court who is alleged to have been illegally detained by the Special Operation Group (SOG herein after).

2. It is the case of the petitioner that she resides with her family at the address given in the cause title, Siyasatnagar, Chandola Lake, Isanpur, Ahmedabad. She has three sons and three daughters. The corpus Amir is one of her sons who is married and he also has three children; two sons and one daughter. The petitioner has her Election Card, Ration Card as also Aadhar Card to substantiate her version. She is residing in Ahmedabad with her family for a long time. She was doing the labour work in Ahmedabad on construction site in her young age when the corpus Amir was born at work place. She being an illiterate lady, the requirement of registration of birth was not known to her and therefore, the birth of the Amir was not registered. However, he is married and has three children who are all born in Ahmedabad. 2.1. It is further the say of the petitioner that in the aftermath of Godhra incident in the year 2002, the State Government had rehabilitated the families as per the order passed in Special Civil Application No. 14664 of 2008 on dated 28.01.2010. The petitioner also received a plot and Rs. 50,000/- from the Ahmedabad Municipal Corporation in the name of her husband Sidiq Doudbhai Shaikh.

2.2. On 18.06.2020, it is the grievance of the petitioner that when her son was working near octroi point, the respondent - SOG with a suspicious mind that he is a Bangladeshi National and is staying in India without any valid authorization and permission, he was taken to the detention centre. It was given to understand to the family that after finishing certain inquiry, he would be released, however, he is continued to be in detention centre from 18.06.2020. This is nothing but an illegal custody. It is further the say of the petitioner that the custody of the corpus is with SOG, Juhapura Police Station. It is under the false allegation and pretext that his son is Bangladeshi National that he is kept at detention centre.

2.3. The petitioner visited the detention centre as also the police station and substantiated her version with Election Card and Aadhar Card of her and those of her husband so also the Ration Card of theirs where, in the Ration Card, names of her family members have been mentioned. Petitioner therefore approached this Court, inter alia, stating that number of visits have been made to the concerned authority, however, her son is not released from the detention. Therefore, she is before this Court with the following prayers:

"(a) Your Lordship may be pleased to admit this petition;

(b) The Hon'ble Court may be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction, directing the respondent no.2 herein to produce petitioner's son Amirbhai, respondent no.3 herein before this Hon'ble Court;

(c) Your Lordship may be pleased to grant interim relief and by way of interim order be pleased to direct the respondent authority- SOG to produce corpus of Amirbhai, respondent no.3 before this Hon'ble Court, pending admission and final disposal of this petition;

(d) The Hon'ble Court may be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction, directing the respondent no.2 herein to release the petitioner's son, Amirbhai from illegal detention forthwith.

(e) Your Lordship may be pleased to pass such orders as through fit in the interest of justice."

3. This Court issued notice on 14.07.2020 and directed the corpus to be produced before it on 16.07.2020 through video conference from the nearest Court where Assistant Commissioner of Police, SOG was asked to remain personally present. Dr.Harshad Patel, Deputy Commissioner of Police, SOG also was present as