Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21236-DB WPHC No. 40 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
W.P.H.C.NO. 40 OF 2026
BETWEEN:
1.
ABDUL RAHEEM AGED ABOUT 47 YEARS, SON OF LATE MOHD. SHAH JAMAL, PERMANENT RESIDENT OF 95 NEW SEEMAPURI, NEW DELHI. 110095.
PRESENTLY RESIDING GROUND FLOOR NO. 170/4, KUDLU VILLAGE, MADIVALA, BENGALURU, BENGALURU URBAN, KARNATAKA 560068, THROUGH HIS FRIEND JAHIDUL ISLAM, AGED ABOUT 30 YEARS, SON OF MUSTAFA, RESIDENT OF HOUSE NO. 1023 JHUGGI E-43A, D BLOCK, 70FT ROAD, NEW SEEMAPURI JHILMIL VIVEK VIHAR EAST DELHI. 110095. …PETITIONER
(BY SRI. CHANDRA SRIVASTAVA, SERNIOR COUNSEL FOR SMT. MAMATA GURURAO KULKARNI, ADVOCATE)
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA, BENGALURU
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HC-KAR NC: 2026:KHC:21236-DB WPHC No. 40 of 2026
AND:
1.
UNION OF INDIA THROUGH SECRETARY HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI.
2.
STATE OF KARNATAKA, THROUGH SECRETARY HOME AFFAIRS, BENGALURU.
3.
FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO), OFFICE OF FRRO, MHA, NO. 55, DOUBLE ROAD, INDIRANAGAR, BANGALORE. 560038.
4. CHETAN, SUB INSPECTOR OF POLICE, POLICE STATION PARAPPANA AGRHARA BENGALURU. …RESPONDENTS
(BY SRI. ADITYA SINGH, ASG FOR R1 SRI TEJESH, HCGP FOR R2 TO R4)
THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA WHEREIN PETITIONER PRAYS THAT THE HONBLE COURT BE PLEASED TO (1) ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO SET FREE THE PETITIONER AT HIS LIBERTY FORTHWITH AND (2) ISSUE A WRIT
ORDER OR DIRECTION TO GRANT COMPENSATION TO THE PETITIONER A SUM OF RS.5 LAKHS OR DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO BE PAID BY THE RESPONDENTS JOINTLY AND SEVERALLY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:21236-DB WPHC No. 40 of 2026
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking the following reliefs:
"i) Issue a writ of habeas corpus directing the respondents to set free the petitioner at his liberty forthwith.
ii) issue a writ, order or direction to grant compensation to the petitioner a sum of Rs.5 Lakhs, or as deemed fit in the facts and circumstances of the case to be paid by the respondents jointly and severally.
iii) Award costs to the petitioner.
iv) Any other/further relief this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, may be passed in favour of the petitioners, in the interest of justice."
2. A copy of the writ petition was served on the learned Additional Solicitor General of India, who has obtained the instructions in the matters. It is submitted that an order restricting the movement of the detenue has been made under Section 23 of the Immigration and Foreigners Act, 2025.
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HC-KAR NC: 2026:KHC:21236-DB WPHC No. 40 of 2026
4. It is submitted by the learned counsel for the petitioner that a copy of the order has been properly served on the detenue and the fact is unknown to the petitioner.
5. In any view of the matter, a copy of the order is, today, handed over to the learned counsel appearing for the petitioner.
6. Leaving open al the contentions of the parties, the writ petition (Habeas Corpus) is closed with liberty to the petitioner or the detenue to challenge the Orders of Restriction of Movement passed by the Foreigners Regional Registration Officer.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
VM List No.: 3 Sl No.: 1