- 1 - HC-KAR NC: 2025:KHC:20557-DB WPHC No. 115 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION HABEAS CORPUS NO.115 OF 2024 BETWEEN: SRI MOHAMMED FAHAD @ MOHAMMED KOYA (DETENUE) S/O ABDUL HI @ ABDUL KOYA AGED ABOUT 30 YEARS NO.2108717948-5 CITIZEN OF PAKISTAN NO. K-366, BLOCK-F, NORTH NIZAMABAD KARACHI PAKISTAN (UTP NO 11473) NOW AT DETENTION CENTRE AT SONDEKOPPA NELLAMANGALA BANGALORE RURAL-562 162. …PETITIONER (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DEPARTMENT OF HOME VIDHANA SOUDHA KARNATAKA-560001. REP. BY ITS SECRETARY 2. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, SECRETARIAT Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20557-DB WPHC No. 115 of 2024 BUILDING, RAISINA HILL NEW DELHI-110011 REP. BY ITS SECRETARY 3. FOREIGNERS REGIONAL REGISTRATION OFFICER BMTC BUS STAND 5TH FLOOR ‘A’ BLOCK, TTMC BUILDING K H ROAD, SHANTINAGAR, BENGALURU, KARNATAKA-560 027. 4. INCHARGE OFFICER FORIEGNERS DETENTION CENTRE SONDEKOPPA NELAMANGALA KARNATAKA-562 162. …RESPONDENTS (BY SRI. B.A.BELLIAPPA, SPP-1, A/W SRI. P.THEJESH, HCGP FOR R-1 AND R-4; SRI H.SHANTHI BHUSHAN, DSGI, FOR R-2 AND R-3) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON BLE COURT MAY BE PLEASED TO ISSUE WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY a) DIRECT THE RESPONDENT NO.1 TO 5 TO RELEASE THE PETITIONER MOHAMMED FAHAD AND DEPORT HIM TO HIS COUNTRY (PAKISTAN) THROUGH WAGAH BORDER OR THROUGH ANY OTHER WAY OR MEANS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20557-DB WPHC No. 115 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. The writ petition habeas corpus is filed seeking the following substantial relief; Direct the respondent No.1 to 5 to release the petitioner MOHAMMED FAHAD and deport him to his country [PAKISTAN] through WAGAH BORDER OR through any other way or means. 2. It is submitted by the learned Deputy Solicitor General of India appearing for the respondents has placed a counter affidavit on record, wherein it is stated that the procedure with regard to repatriation of Pakistani Nationals arrested in India has been prescribed. It is stated that repatriation is done in terms of the agreement on Consular address signed before the Governments of India and Pakistan on 21.05.1988. - 4 - HC-KAR NC: 2025:KHC:20557-DB WPHC No. 115 of 2024 3. It is submitted that the case of the detenue in question will also be considered in accordance with the said procedure. It is further contended that there is a criminal appeal preferred by the State of Karnataka as against the acquittal of the detenue in the criminal case registered against him and during the pendency of the said appeal, the detenue cannot be repatriated to Pakistan. 4. Learned counsel for the writ petitioner contends that the writ petition can be closed with liberty to the writ petitioner to move afresh as and when the appeal against him is decided or he is entitled to repatriation in accordance with the guidelines. It is further submitted that the detenue has certain complaints with regard to the basic amenities provided to him. 5. The learned Deputy Solicitor General of India for the respondents submits that incase such complaints are preferred before the appropriate Officer, the same will be looked into and the detenue will be provided with all civic - 5 - HC-KAR NC: 2025:KHC:20557-DB WPHC No. 115 of 2024 amenities that persons under similar circumstances are entitled to. 6. The writ petition is disposed of without prejudice to the right of the writ petitioner to approach again if changed circumstances permit him to. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 2 Sl No.: 2