Extracted from the PDF above. The PDF is authoritative.
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010279452026 + W.P.(CRL) 1910/2026 MOHD FAROOQ .....Petitioner Through: Mr. Balwant Singh Billowria, Ms. Rishu Raj and Mr. A. L. Khalid, Advs. versus UNION OF INDIA AND ANR .....Respondents Through: Mr. Ripudaman Bhardwaj, Adv. (CGSC) with Mr. Amit Kumar Rana alongwith Mr. Harshvardhan Gupta (GP) for UOI. Mr. Anil Mittal & Mr. Atul Chauhan, Avs. for State of Uttar Pradesh. Dr. B. Ramaswamy, CGSC with Mr. Garvil Singh GP and Mr. Pradumn Gautam, Adv. for respondent No. 1
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 by the petitioner seeking the following relief:- a) Issue an appropriate writ, order or direction in the nature of Habeas Corpus declaring the continued detention of the Petitioner in Central Jail, Agra, Uttar Pradesh, after completion of the sentence awarded to him, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct 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 11:34:08
the Respondents to forthwith release the Petitioner from such illegal detention. b) Issue an appropriate writ, order or direction directing Respondent No.1 to complete, without any further delay, all formalities relating to the Petitioner's nationality verification, deportation and repatriation, and to ensure his expeditious repatriation to his home country, Pakistan, in accordance with law. c) Issue such other or further writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
2. The respondent no.2 has filed an affidavit dated 27.09.2026, which inter alia states as under:
“3. It is submitted that, in compliance of Government of India
Order No. 12011/15/2026-F-III, dated 02.09.2026, issued by the Under Secretary, Ministry of Home Affairs, Government of India, and Jammu & Kashmir Government Order No. Home/PB- V/1072/2026, dated 07.09.2026, regarding the repatriation of the foreign national Pakistani prisoner, Mohammad Farooq, son of Shawkat Ali @ Gujjar @ Saukat Ali, resident of Podlian Kothey, Tehsil Shankargarh, District Narowal, Pakistan, to his native country, the said prisoner was handed over, along with the requisite medical documents, to the Police Party In-Charge, Inspector Vikas Gorka, and his team on 20.09.2026. As per Letter No. CID/CIJ/Index/Deport/2026/13060-63, dated 24.09.2026, issued by the Senior Superintendent of Police, CID, CI, Jammu, the aforesaid foreign national Pakistani prisoner, 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 11:34:08
Mohammad Farooq, son of Shawkat Ali @ Gujjar @ Saukat Ali, was duly repatriated to his native country, Pakistan, on 21.09.2026 through the Attari-Wagah Border, Amritsar, Punjab.”
3. The learned counsel for the petitioner submits that the petitioner should not have been forced to file the present petition in as much as the repatriation of the petitioner should have been completed in terms of the judgment of the Hon’ble Supreme Court in Bhim Singh vs. Union of India & Ors. (2012) 13 SCC 469, as also in terms of the policy guidelines issued by the Ministry of Home Affairs and the Agreement on Consular Access between the Government of India and Pakistan dated 21.05.2008.
4. While we do agree with the above submission, however, given the fact that now the petitioner stands repatriated on 21.09.2026, we are of the opinion that the petition has been satisfied and no further orders are required to be passed in the same.
5. The petition is, accordingly, disposed of.
NAVIN CHAWLA, J ARUN BHARDWAJ, J SEPTEMBER 29, 2026/akr/pb 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 11:34:08