Gujarat High Court
SCR.A/12383/2026 of SHERBANU HUSEN SOTA Vs STATE OF GUJARAT on 17 September 2026
17/09/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12383 of 2026 ========================================================== SHERBANU HUSEN SOTA Versus STATE OF GUJARAT & ORS. ==========================================================
R/SCR.A/12383/2026(GJHC240639322026) ORDER DATED: 17/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 12383 of
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SHERBANU HUSEN SOTA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR KUMAR TRIVEDI ADVOCATE for the Respondents No. 6,7
MR ROHAN H RAVAL APP for the Respondent No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 17/09/2026
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ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. We have heard learned counsel Mr. A.A. Zabuawala and Mr. Kumar Trivedi, for the respective parties. Registry is directed to accept the appearance of Mr. Kumar Trivedi for and on behalf of respondent Nos. 6 & 7.
2. This petition has been preferred for production and release of the corpus namely Amina, Sakinabai, Bharkatali, Fatmabai, Asgar and Kajbanu, as presently they are under confinement of the respondent nos. 6 & 7.
3. This Court on the last occasion issued notice and the corpus, who are minor daughters and sons of the petitioner, have been brought by the police before this Court. Admittedly, on account of marriage of respondent nos. 6 & 7, the corpus along with the petitioner went to
R/SCR.A/12383/2026(GJHC240639322026) ORDER DATED: 17/09/2026 house of the respondent no. 7 and due to financial dispute, the petitioner left the house. However, according to say of the petitioner, her minor kids having been illegally detained by the private respondents.
4. Having regard to the facts and circumstances to the present case, it appears that the petitioner being a mother, is entitled for the custody of the minor kids as referred above and therefore, by allowing this application, the Police Authority is directed to set them free from the custody of the private respondents.
5. Accordingly, application is allowed with aforesaid directions. Direct service permitted. (ILESH J. VORA,J) (R. T. VACHHANI, J) P.S. JOSHI
Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 17/09/2026 16:17:24