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2026 DAILYLAW 21888 (CHH)

FERUZA SABIROVA v. THE UNION OF INDIA

WPHC/13/2026 · 2026-06-15

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:24162-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 13 of 2026 1 - Feruza Sabirova Resident Of Khorezm Region, Uzbekistan 2 - Dinora Safyutdinova, Resident Of Uzkbekistan ... Petitioner(s) versus 1 - The Union Of India Through Ministry Of External Affairs Through Joint Secretary, CPV , Patiala House , MEA, New Delhi-110001 2 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Nava Raipur, Chhattisgarh 3 - Commissioner Of Raipur Police Office Of Commissioner Of Police C-3, Civil Lines, Raipur, Chhattisgarh. 4 - Station House Officer, Police Station Telibandha Raipur. ... Respondent(s) For Petitioner(s) : Mr. Shantam Patil, Advocate (through Video Conferencing) For Respondent No. 1 : Mr. Rishabh Deo Singh, Central Government Advocate For Respondent No. 2 to 4 : Dr. Sourabh Kumar Pande, Deputy Advocate General Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Order on Board P er Ramesh Sinha, Chief Justice 16/06/2026 1. Heard Mr. Shantam Patil, learned counsel for the petitioners. Also heard Mr. Rishabh Deo Singh, learned Central Government Advocate for the 2 respondent No. 1 as well as Dr. Sourabh Kumar Pande, learned counsel for the State/respondents No. 2 to 4. 2. By this petition under Article 226 of the Constitution of India, the petitioners seek for the following relief(s): “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of Habeas Corpus or any other writ or direction as may be deemed appropriate by this Hon’ble Court, directing the respondents herein to produce the Petitioners before this Hon’ble Court. 10.2 That, this Hon’ble Court may kindly be pleased to direct the concerned respondents to satisfy this Hon’ble Court that the custody of the petitioners is not illegal and/or; 10.3 That this Hon’ble Court may kindly be pleased to direct the concerned respondents to immediately release the petitioners and deport them to Uzbekistan as soon as possible. 10.4 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.” 3. Mr. Shantam Patil, learned counsel appearing for the petitioners submit that the petitioners are two female foreign nationals of Uzbekistan who have been detained by Raipur Police since 09.01.2026 and are in the Detention Centre at Raipur Central Jail since 14.01.2026. The offences registered against them are compoundable and no arrest or remand has been taken and they have never been produced before any court of law. The petitioner No. 1’s passport and visas were lost and the petitioner No. 2’s passport is valid but her visa has expired since 16.05.2025. The police has lodged FIR bearing No. 117 of 2026, under Sections 3, 21, 23 of the Immigration and Foreigners Act, 2025, on 12.03.2026. The family 3 members of the petitioners are waiting for their return to Uzbekistan. The petitioners belong to lower income class and came to India to meet their relatives and as a tourists. They are not having any criminal antecedents and no criminal or civil case is pending against them. Further the Uzbekistan Embassy is ready to complete the process of deportation to their country i.e. Uzbekistan. 4. On the other hand, Dr. Sourabh Kumar Pande, learned Deputy Advocate General appearing for the respondents No. 2 to 4 submits that the petitioners had been overstaying in India illegally for which FIR has been lodged against them as cognizable offence was made out and they were arrested on 26.04.2026 and information of the same was also given to their family members as well as to the Embassy of Uzbekistan, New Delhi as also the Ministry of Home Affairs. The petitioners were produced before the learned Chief Judicial Magistrate, Raipur on 26.04.2026 from where the petitioners were sent to judicial remand and were kept at Central Jail, Raipur. The petitioners have been residing in India without having valid passport and visa. The detention of the petitioners cannot be said to be illegal. 5. Mr. Rishabh Deo Singh, learned counsel for the Union of India/ respondent No. 1 as well as Dr. Pande, learned counsel for the State/respondents No. 2 to 4 further submit that the petitioners would be deported to Republic of Uzbekistan very soon and as such, nothing survives in this petition for adjudication. 6. A PUD has been received from the Embassy of Uzbekistan dated 25.05.2026 wherein the Second Secretary, Head of Consular Section, Embassy of the Republic of Uzbekistan in India, has requested this Court that an order of urgent deportation in respect of the petitioners may be passed and the Embassy has also assured that it is ready to issue the 4 necessary documentation and arrangements for the same and would extend every possible assistance to facilitate the deportation process as expeditiously as possible. 7. Since the State as well as the Union of India itself proposes to deport the petitioners to their country i.e. Republic of Uzbekistan, nothing survives in this petition for adjudication. 8. Accordingly, this petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.06.18 11:37:46 +0530