Telangana High Court Declares Government Order on Detention of Pakistani National Illegal, Orders Immediate Release

In a significant ruling, the High Court of Telangana has declared the Government Order (G.O.Rt.No.599, dated 02.11.2021) granting permission to detain a Pakistani national illegal and has ordered his immediate release. The judgment was delivered by Hon'ble Sri Justice K. Lakshman and Hon'ble Smt. Justice P. Sree Sudha on 13th July 2023.

The case revolved around Shaik Gulzar Khan, a Pakistani national residing in India, who was alleged to have entered the country using fraudulent documents and subsequently obtained an Indian passport using fake identification. A case was registered against him for offenses under the Indian Penal Code and other relevant Acts.

In the writ petition challenging the Government Order, Mr. M.A. Shakeel, learned counsel for the petitioner, argued that the 1st respondent did not have the authority to detain the detenu under Section 3(2)(e) of the Foreigners Act. The court, after considering the submissions made by all parties, found that the relevant power under Section 3(2)(g) of the Act had not been delegated to the 1st respondent by the appropriate authority.

Quoting the judgment, the court held that "G.O.Rt.No.599, dated 02.11.2021 issued by 1st respondent is illegal and the same is liable to be set aside." It further directed the immediate release of Shaik Gulzar Khan, subject to the conditions imposed by the lower court when granting bail.

However, the court clarified that its order would not preclude the authorities from completing the process of deportation in accordance with the law. Sri V.T. Kalyan, representing the Deputy Solicitor General of India, emphasized that "there are serious allegations against the detenu" and that the deportation process was still underway.

The judgment also referred to a previous Division Bench order dated 15.09.2022 in W.P.No.6407 of 2022 and batch, wherein a similar issue regarding delegation of power under Section 3(2)(g) of the Foreigners Act was addressed, leading to the same conclusion.

With the court's decision, Shaik Gulzar Khan will be released from custody, while the deportation process will continue as per the established legal procedures. The judgment has implications for cases involving the detention of foreigners and the delegation of powers under the Foreigners Act in the State of Telangana.

Date of Decision: 13th July, 2023

Shaik Daulath Bee vs State of Telangana