The Delhi High Court has dismissed a petition seeking directions to the authorities to identify and deport alleged illegal migrants residing at the bank of Yamuna river near city's Batla House, Shaheen Bagh and Majnu Ka Tila areas. [2026 LiveLaw (Del) 702]

Justice Purushaindra Kumar Kaurav observed that the plea was founded on sweeping allegations unsupported by any prima facie material.

“….this Court is of the opinion that no omnibus direction can be issued requiring the respondents to identify and deport alleged illegal migrants on the basis of vague and unsubstantiated allegations, as such a course would amount to directing a fishing and roving enquiry, which is beyond the permissible scope of writ jurisdiction,” the Court said.

It added that the petitioner, one MA Burney, had neither identified any alleged illegal migrant nor placed any credible material on record to substantiate the claims.

The Court held that, in the absence of a specific factual foundation, no writ of mandamus could be issued directing authorities to undertake a fishing and roving enquiry.

“The reliefs in the instant case are founded on sweeping and omnibus allegations that illegal migrants are residing at various locations across Delhi and are involved in criminal activities. However, the petitioner has neither disclosed the identity of any such alleged illegal migrant nor furnished any credible or prima facie material to substantiate the allegations,” the judge said.

Burney had sought directions to deport alleged illegal migrants, including those purportedly from Bangladesh and the Rohingya community, who were claimed to be residing along the Yamuna river bank.

It was alleged that the illegal migrants were involved in illegal activities and crimes, which is a direct threat to the sovereignty of the country, and to take necessary legal action against local residents providing shelter to them.

The authorities submitted that no formal complaint regarding the presence of illegal migrants had ever been lodged by the petitioner with Police Station Sarita Vihar.

The Court was informed that a local inquiry conducted by the police did not reveal any illegal migrants residing in the concerned areas.

The authorities also pointed out that Burney had failed to furnish any list or particulars of persons allegedly residing illegally, making verification impossible.

Dismissing the plea, Justice Kaurav relied upon the ruling in Qadir Ahmed v. State (NCT of Delhi) & Anr wherein it was held that deportation of a foreign national falls within the exclusive domain of the executive and the scope of judicial review in such matters is necessarily limited.

Holding that the petition sought omnibus directions based solely on unsubstantiated allegations, the Court said that issuing such directions would effectively require the authorities to conduct an impermissible fishing and roving inquiry under writ jurisdiction.

“The status report filed by the respondents further reveals that enquiries were conducted by the concerned police authorities and no material could be found to corroborate the petitioner's assertions. In the absence of any specific factual foundation, this Court cannot issue a writ of mandamus to the concerned authorities,” the Court said.

Title: MA BURNEY v. UNION OF INDIA AND ORS

Citation: 2026 LiveLaw (Del) 702

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