Bombay HC Seeks State Govt's Reply On Woman's Detention, Orders Release Of 3 Minor Children To Father

Mumbai, July 4, 2026: The Bombay High Court has sought a response from the Maharashtra government over the detention of a woman alleged to be a Bangladeshi national and her three minor children, while directing that the children be released to their father and that none of them be deported until further orders.

Court Seeks State's Reply

Hearing a habeas corpus petition filed by the woman's husband, Mohammed Imran Rauf Khan, and mother-in-law, Kanta Subaraliu Subbayya, a Bench headed by Justice Sarang Kotwal said the state would have to justify its action by filing a formal reply.

“The State of Maharashtra will have to justify their action by filing their reply,” the court observed in its interim order.

The petition challenges the detention of Sabina Mohammed Imran Khan and her three children by the Tilak Nagar police. According to the petitioners, Sabina was taken into custody on allegations that she had overstayed her visa and was liable to be deported to Bangladesh.

They claimed they were orally informed of the proposed deportation, but no detention order, deportation order, show-cause notice or opportunity of hearing was provided.

Petitioners Challenge Detention

The petition states that Sabina married Khan in Mumbai on September 30, 2011, and the couple has three children, all born in India. It says the family possesses documents including a marriage certificate, Aadhaar cards, birth certificates, school records and a ration card to establish their relationship and residence in India. The children are studying in recognised schools in Mumbai.

The petitioners' advocate, Raj Kamble, argued that neither Sabina nor the children have any criminal antecedents and that no criminal case has been registered against them. They contended that their detention without following due process violates Articles 14, 21 and 22 of the Constitution and the principles of natural justice.

During the hearing, Kamble also informed the court that one of the children, a five-year-old suffering from dengue, had been admitted to Sion Hospital and that family members were not being allowed to meet him.

The Additional Public Prosecutor, Kranti Hiwrale, however, maintained that Sabina was an illegal immigrant and claimed that the children had also been classified as illegal immigrants.

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Interim Relief Granted

Pending the hearing, the High Court directed that Sabina should not be deported. It ordered that the three children be handed over to their father, subject to the condition that they do not leave the jurisdiction of the Tilak Nagar police station. The court also directed that the children be allowed to meet their mother periodically at the detention centre.

The matter will be heard next on July 21.

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