HAFIJUR RAHAMAN MALIKversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
Holding
The petition was disposed of as withdrawn, with no substantive order on the merits.
Summary
Petitioner Hafijur Rahman Malik filed a habeas corpus petition alleging that his wife and daughter were illegally detained and deported by police. The petitioner submitted birth certificates to establish their identities and claimed the detention was unlawful. The State of Gujarat produced a list of deported Bangladeshi infiltrators showing the wife and daughter as non‑Indian nationals who were sent back to Bangladesh on 11 July 2026. The petitioner, after learning of the deportation, sought permission to withdraw the writ. The Court accepted the withdrawal request and disposed of the petition without any order as to costs.
Issues considered
- Whether the detention and deportation of the petitioner's wife and daughter constitute illegal detention warranting habeas corpus relief
- Whether the petitioner is entitled to any further relief after the wife and daughter have been deported
Subjects
Judgment
R/SCR.A/9777/2026 ORDER DATED: 14/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 9777 of
2026
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HAFIJUR RAHAMAN MALIK
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. DHRUVIN U MEHTA(9993) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 14/07/2026
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
Mr Dhruvin U. Mehta, learned advocate for the petitioner has
invited the attention of this Court to the birth certificate (page 11)
and submits that the wife of the petitioner was born on 01.08.1985
and the daughter was born on 12.07.2019. It is submitted that the
petitioner, his wife and the daughter were taken away by the police
officers. The petitioner, was thereafter, sent back; however, the wife
and daughter of the petitioner were sent to some detention centre.
The detention of the wife and daughter of the petitioner is illegal.
2. Mr Utkarsh Sharma, learned Additional Public Prosecutor for
the respondent has placed on record the list of the deported
Bangladeshi Infiltrators dated 06/09.07.2026 issued by the Deputy
Commissioner of Police & F.R.O. Special Branch, Surat City; and as
per the list, name of the wife of the petitioner is at sr. no.29 and
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R/SCR.A/9777/2026 ORDER DATED: 14/07/2026
daughter at sr. no.42. Said list is directed to be taken on record. It is
submitted that as the wife of the petitioner was found to be not an
Indian national, hence, after following the procedure, she has been
sent back to Bangladesh.
3. Mr Dhruvin U. Mehta, learned advocate, in view of the above
statement and as per the list made available, states that the wife
and daughter of the petitioner, have been deported on 11.07.2026
to Bangladesh and further seeks permission to withdraw the
captioned writ petition.
4. Request is acceded to. Petition is disposed of as withdrawn.
No order as to costs.
(SANGEETA K. VISHEN,J)
(UTKARSH THAKORBHAI DESAI, J)
BINOY B PILLAI
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: BINOY BALAKRISHNA PILLAI(HC00183), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 14:52:55
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