The Gujarat High Court rejected a man's habeas corpus plea alleging illegal detention of his wife and infant daughter, after noting that his wife was a Bangladeshi citizen and had been lawfully detained as per provisions of the Immigration and Foreigners Order and Immigration and Foreigners Act which had not been challenged. 

The petitioner is an Indian national and citizen of India. However as per record his wife is a Bangladeshi citizen and they had an infant daughter. The petitioner alleged that his wife and daughter had been illegally detained by the authority. He thus moved the high court in a habeas corpus petition. 

After notice was issued the corpus was produced before the high court along with the minor daughter. 

When the matter was listed again before a division bench of Justice Bhargav D Karia and Justice Hemant M Prachchhak the court took note of the State's affidavit which stated that the wife was a Bangladeshi citizen and therefore, her detention cannot be termed illegal and she had been given all facilities including medical examinations as per the Standard Operating Procedure.

The affidavit stated that the corpus is under police custody and an order was passed by the office of Superintendent of Police Bharuch and Foreigners Registration Office Bharuch on December 20, 2025 in exercise of powers conferred under Section 8(b) Immigration and Foreigners Order - 2025 read with Section 7(2)(f) (iii) of the Immigration and Foreigners Act 2025, directing the Corpus to reside with the Police Training School, Police Head Quarters, Kali Talavadi in Bharuch till the deportation is completed.

Under Section 8(b) of the Immigration and Foreigners Order 2025, the civil authority or any authority as specified by the Central Government in this behalf may, by order in writing, direct that any foreigner shall comply with such conditions specified therein regarding his movements. 

Section 7(2)(f) (iii) of the Immigration and Foreigners Act 2025 states that the orders/directions/instructions issued under Section 7 may provide that the foreigner shall comply with such conditions as may be specified imposing any restrictions on his movements. 

"It is also apparent that the order dated 20th December, 2025 is never challenged by the petitioner before any appropriate Forum," the court said taking note of the affidavit.

The court thus refused to entertain the habeas corpus petition observing that the personal liberty of the Corpus and the minor daughter of the petitioner is not in jeopardy at all in view of the facts disclosed in the affidavit-in-reply, supported by the orders passed in accordance with law.

"We are therefore of the opinion that the Corpus as well as the minor daughter of the petitioner cannot be said to be under illegal detention or unlawfully arrested by the respondent-Authority," the court said.

The plea was dismissed.