Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Ajit D. Padiwal v. State of Gujarat- Case comment

Cite this Article

Akanksha Choudhary (2025). Ajit D. Padiwal v. State of Gujarat- Case comment. The Indian Journal for Research in Law and Management, Volume II(Issue 11). Retrieved from https://ijrlm.com/journal/ajit-d-padiwal-v-state-of-gujarat-case-comment/

Abstract

The case of Ajit D. Padiwal v. State of Gujarat was initiated in 1994 by Advocate Ajit D. Padiwal on the basis of a newspaper report concerning the issuance of a non-bailable warrant. Padiwal filed a Public Interest Litigation in the Gujarat High Court challenging the legality and procedure of issuing warrants without proper adherence to law. The case raised issues around false or malicious initiation of legal proceedings, improper use of warrants, and the procedural safeguards that must be observed under criminal procedure law. The petitioner’s core grievance was that non-bailable warrants were issued without satisfying required conditions and that this process was being misused, leading to injustice. The High Court, through a judgment delivered in September 2004, examined the habeas corpus of these questions, holding the authorities accountable to follow due process.

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