What action can be taken against person illegaly detaining a Government official doing his duty?
In the present case we see that the Accused has illegally detained the Client's Father while he was carrying out his duties as an official of the Central Government.
This said Act by the Accused is completely illegal under Section 186 of theIndian Penal Code. Under this Section, the obstruction of a public official while he is doing his duty is laid down to be a criminal offence. It is punishable with imprisonment upto three months or to a fine of upto 500 Rupees or both.
In this case shown by the Client we can see that the Police have been controlled by the Mafia, hence a complaint to the local police station regarding the same might not be of use.
Therefore. it leaves the Client with only one option. The Client should file a writ petition (Habeas Corpus) in the High Court of Gujarat. This can be done under Article 226 of the Constitution of India.
The Client should pray to the Court to give direction to the Police to produce the Client's father in front of the Court. The Client must mention the important details suchas the date he left Surat and the place that he went to, and the purpose of such a visit and under what capapcity the visit was made.
Reference Laws: Article 226 of the Indian Constitution