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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Nirmal Das – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. The petitioner (father of the alleged detenu) has filed the Writ of Habeas Corpus against the action of the respondent Nos.5 to 7 (the Station House Officers of the Shamshabad Police Station, the Rajiv Gandhi International Police Station, Cyberabad Commissionerate, Ranga Reddy District and the Central Crime Police Station, Nampally, Hyderabad, respectively) in detaining the petitioner’s son (alleged detenu).
2. It is submitted that when the alleged detenu was attempting to travel to Abu Dhabi on 19.09.2025 on a Visa which had been granted by the Immigration Authorities, Abu Dhabi, Dubai, he was arrested at the Rajiv Gandhi International Airport, Shamshabad, Ranga Reddy District, on the ground that he is a citizen of Bangladesh. The petitioner claims that the alleged detenu who was born in the State of Tripura is a citizen of India. The alleged detenu had come to Hyderabad in 2005 for the purpose of earning his livelihood, and he has been doing business for the past 15 years at Rajendranagar, Ranga Reddy District. Hence, he could not have been detained by the official respondents.
3. We have heard learned counsel for the petitioner and the learned Special Government Pleader
Court upheld the legality of detainee's confinement under the Immigration and Foreigners Act, 2025, affirming no jurisdiction for habeas corpus due to conflicting identity evidence.
The court affirmed its jurisdiction to issue writs including habeas corpus under Article 226, addressing violations of fundamental rights.
The need for trial to determine disputed questions of fact and the applicability of Section 3 of the Indian Passport Act.
Custody and citizenship determination lies with the Central Government as per Section 9(2) of the Citizenship Act, 1955.
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