Gujarat High Court declines to release Bangladeshi woman and infant, upholds detention order

The Gujarat High Court has dismissed a plea by an Indian man seeking the release of his Bangladeshi wife and their infant daughter, holding that their detention in Bharuch was backed by a valid administrative order and could not be described as illegal, The Indian Express reported.

A division bench of Justices Bhargav D Karia and Hemant M Prachchhak rejected the habeas corpus petition after noting that the woman had been directed by the Bharuch superintendent of police and Foreigners Registration Officer to stay at the Police Training School until her deportation was completed. The order was issued on December 20, 2025 under the Immigration and Foreigners Act, 2025, and related orders.

The court said the husband had not challenged the detention order before the appropriate legal forum. Since that order remained in force, it held, the woman and her seven-to-eight-month-old daughter could not be released merely through a habeas corpus petition.

The woman and child were produced before the High Court on May 6, after which another bench had directed that she be kept at the Nari Sanrakshan Gruh in Bharuch.

In its response, the Gujarat government maintained that the woman was a Bangladeshi national and that her detention followed due process. It said she had been provided medical examinations and other essential facilities under the applicable standard operating procedure.

The state also told the court that it had identified 17 other persons originally from Bangladesh and issued detention orders against them. The bench found no unlawful arrest or detention and dismissed the petition as lacking merit.