$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010469442026 + W.P.(CRL) 3059/2026 MAHER MAH BURHANI .....Petitioner Through: Ms.Nisha Bhaskar and Ms.Gunjan Singh Khandante, Advs. versus STATE NCT OF DELHI .....Respondent Through: Mr.Sanjay Lao, Sr. Adv. with Mr.Aman Usman, APP, Ms.Priyam Agarwal, Mr.Abhinav Kr. Arya and Mr.Aryan Sachdeva, Advs. with SI Ranvijay and ASI Rajiv, P.S. Hauz Qazi CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE ARUN BHARDWAJ O R D E R % 29.09.2026 1. The present Writ Petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ in the nature of Habeas Corpus, directing the respondent to produce Mr.Abdul Zahir, the brother of the petitioner, who is stated have been called at the Hauz Qazi Police Station, Central District, Delhi on 21.09.2026 for an inquiry and interrogation in relation to a complaint against him, whereafter his whereabouts are unknown. 2. Mr. Sanjay Lao, the learned Senior Counsel for the respondent, hands over a copy of the Status Report dated 28.09.2026, which, inter This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:03 alia, records that upon a complaint by a lady against the petitioner’s brother regarding harassment, stalking and criminal intimidation, which was duly recorded vide DD No. 73A dated 02.06.2026, the brother of the petitioner was contacted and examined. The brother of the petitioner also gave a voluntary undertaking dated 16.06.2026, wherein he undertook to not contact or harass the complainant lady. In spite of the same, another complaint was received from the complainant on 21.09.2026, again complaining of harassment by the brother of the petitioner. In relation to the complaints, the brother of the petitioner was contacted and during his verification, it was found that he is an Afghan national and that he does not have the requisite valid documents for his continued stay in India. Accordingly, the Foreigners Regional Registration Office (FRRO), New Delhi, was informed of the matter for appropriate action. A Restriction Order dated 21.09.2026 was thereafter passed by the FRRO, restricting the movement of the petitioner’s brother at the Seva Sadan, Lampur, Narela, Delhi. It is further stated that information of the same was given to the petitioner on her mobile number. 3. The fact that the brother of the petitioner does not have the valid documents for his stay in India is admitted by the learned counsel for the petitioner. She, however, submits that the brother of the petitioner was in the process of obtaining such documents when the Restriction Order was imposed on him. She further denies that information regarding the Restriction Order being passed against the petitioner’s brother was ever given to the petitioner. 4. The submissions made by the learned counsel for the petitioner This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:03 are beyond the scope of the present Writ Petition, which is premised on the basis that the whereabouts of the brother of the petitioner are unknown after he was called to report to Hauz Qazi Police Station. As would be evident from the Status Report and the copy of the Restriction Order dated 21.09.2026, handed over by the learned Senior Counsel for the respondent, the brother of the petitioner is presently under restriction by virtue of the said Restriction Order passed under Section 7(2)(f)(ii) and (iii) of the Immigration and Foreigners Act, 2025 read with Paragraph 8 of the Immigration and Foreigners Order, 2025. Presently, there is no challenge to the said Restriction Order before us. 5. The learned counsel for the petitioner prays that the petitioner be allowed to meet her brother, namely, Mr.Abdul Zahir. Upon this, the learned Senior Counsel for the respondent submits that the petitioner can always meet her brother in accordance with the concerned rules. He submits that, in any case, the mobile phone of the brother of the petitioner is in a working condition and the petitioner may contact him on the same. 6. We, therefore, dispose of the present petition, reserving liberty with the petitioner or her brother to avail of their remedies against the said Restriction Order, if so advised, in accordance with law. NAVIN CHAWLA, J ARUN BHARDWAJ, J SEPTEMBER 29, 2026/sg/Yg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2026 at 11:35:03