Nationality documents issue: Telangana High Court refuses to entertain habeas corpus petition

The Telangana High Court dismissed a habeas corpus petition filed by the father of Sanjit Das, detained for over two months over conflicting nationality documents. The bench said citizenship doubts require administrative verification and directed the MHA to expedite the process

By Legal Correspondent

Hyderabad: Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar of the Telangana High Court on Monday refused to entertain a habeas corpus petition filed by the father of a Hyderabad resident who has been under detention for over two months on suspicion of holding conflicting nationality documents.

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The bench observed that the material placed before it showed serious inconsistencies regarding the man’s identity, including an Indian passport, an Aadhaar card reflecting different districts in Tripura, and a national identity card issued by Bangladesh. The detainee, Sanjit Das, was picked up at the Rajiv Gandhi International Airport in September while preparing to board a flight to Abu Dhabi. His father, Nirmal Das, approached the court alleging unlawful detention and sought his release through a writ of habeas corpus.

The bench, however, held that the circumstances did not justify issuance of such a writ. It said the contradictory documents raised a foundational doubt about the detainee’s citizenship, and the matter required verification by the competent authorities rather than judicial intervention at this stage. Special Government Pleader Swaroop Oorilla informed the court that replies were still awaited from the Bangladesh authorities and from the district police in Tripura, who were asked to verify the documents. He also pointed out that the Ministry of Home Affairs has prescribed internal guidelines for dealing with suspected illegal entrants, including a 30-day detention period prior to deportation-related orders.

The court noted that the 30-day period had lapsed long ago. “The guideline period ended on 22 October 2025. The detainee has now remained in custody for over two months,” the bench observed while directing the MHA to speed up the administrative process required to arrive at a decision. The judges also advised the detainee’s father to follow the procedure laid down in the MHA guidelines and the relevant provisions of the Immigration and Foreigners Act, 2025, for any further steps. With these observations, the court dismissed the habeas corpus petition.