7 days ago
HC orders release of 18-year-old daughter of Bangladeshi national from detention
MUMBAI: The Bombay high court on Tuesday ordered the Mankhurd police to release the 18-year-old daughter of a Bangladeshi national who was detained by the Nirbhaya Cell of the police station for inquiry regarding his citizenship and was later deported to the neighbouring country.
A vacation bench of justices Neela Gokhale and Firdosh P Pooniwalla ordered the police to release the teenager immediately, saying her detention was not necessary for the purpose of the inquiry.
The court was hearing a petition filed by the 18-year-old girl and her two younger siblings aged 16 and 8 years, who contended that they were born in India and had all requisite documents to prove their Indian citizenship. According to their petition, their father, Dadamiya Khan, had been residing in India for over 37 years. He had married an Indian woman named Mariyam Khan and was working as a cab driver.
While all three children were detained by Mankhurd police following a special drive to identify foreign nationals staying illegally in India, the two younger siblings were handed over to their mother after they filed the Habeas Corpus petition.
The children's counsel, advocate Siddha Pamecha, submitted their birth certificates showing they had been born in India and said they could not have been detained by the police over their father's allegedly circumspect citizenship. Even Dadamiya Khan was an Indian citizen and had all identity documents like PAN card, ration card and voters' identity card issued by the Election Commission of India, the lawyer said.
Advocate Manisha Jagtap, representing the central government, pointed out that in the inquiry conducted by police, Khan had conceded that he was Bangladeshi national and he had illegally entered India as there were no sources of livelihood in his country. While he had been deported, an inquiry was underway regarding his citizenship under relevant provisions of the Foreigners Act, 1946 as well as the central government's order dated May 2, 2025, the lawyer said, explaining the grounds for which his 18-year-old daughter was detained.
The judges, however, felt that it was not necessary for the police to keep the 18-year-old in custody and ordered her immediate release. The court restrained the girl and her two siblings from leaving the court's jurisdiction without prior permission and directed them to be available as and when called by the investigating officer.
