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2026 DAILYLAW 1905 (GUJ)

HAFIJUR RAHAMAN MALIK v. STATE OF GUJARAT

SCR.A/9777/2026 · 2026-07-14

Sangeeta K Vishen, Utkarsh Thakorbhai Desai

body2026

Judgment text

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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 ========================================================== HAFIJUR RAHAMAN MALIK Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. DHRUVIN U MEHTA(9993) for the Applicant(s) No. 1 MR UTKARSH SHARMA, APP for the Respondent(s) No. 1 ========================================================== 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 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 Petition is disposed of as withdrawn.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