The Telangana High Court Monday dismissed a habeas corpus petition filed by the father of a man detained in Hyderabad with an Indian passport and the national ID card of Bangladesh, and issued a strong directive to the Union Ministry of Home Affairs (MHA) to expedite the “process required for facilitating a decision”.
The division bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar noted that the man has been in detention for more than two months, far exceeding the stated internal guidelines.
Sanjit Das, a resident of Hyderabad, was apprehended at the Rajiv Gandhi International Airport while attempting to fly to Abu Dhabi in September this year. Sanjit’s father, Nirmal Das, had filed the habeas corpus petition in the matter.
The bench dismissed the writ petition, saying “it does not make out a case for habeas corpus”. “The respondents shall hence expedite the process required for facilitating a decision in respect of the petitioner,” the court directed the government.
The bench dismissed the petition, finding that the documentary evidence presented suggested a conflict between the petitioner’s identity and nationality.
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The court noted that Das’s Indian passport and Aadhaar card mentioned two different districts in Tripura, whereas a National Identity Card issued by Bangladesh was also found among the documents.
“Considering the fact that documents showing contrary countries of origin have been placed before this court, we are not inclined to pass any orders. We are not inclined to grant any relief with regard to the issue of the writ of habeas corpus,” the bench said.
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Special Government Pleader Swaroop Oorilla, representing the respondent state, informed the court that responses were awaited from Bangladesh and the superintendents of police of the two districts in Tripura.
During Monday’s hearing, Oorilla submitted that the Ministry of Home Affairs has framed guidelines for the identification and deportation of illegal entry by foreigners, stating that an illegal immigrant may be kept in detention for 30 days before necessary orders are issued for deportation.
However, the court pointed out that this guideline period had been significantly surpassed, and noted that the 30-day period had expired. “We, however, note that 30 days expired on 22.10.2025. Hence, as on this date, the petitioner is under detention for more than two months.”
The court also directed Sanjit’s father to adhere to the guidelines framed by the Ministry of Home Affairs, and the provisions of the Immigration and Foreigners Act, 2025.
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The matter had previously been brought before the court, after it was established that Sections 15 and 16 of the Immigration and Foreigners Act, 2025, do not provide an “efficacious alternative remedy” to the petitioner. This was a position that the Special GP Oorilla fairly conceded, the court observed.