Bombay High Court Orders Release Of Three Children And Stays Mother's Deportation
On July 4, 2026, the Bombay High Court stayed the deportation of a woman detained by the Tilak Nagar police in Mumbai and ordered the immediate release of her three minor children to their father. A Bench led by Justice Sarang Kotwal directed the Maharashtra state government to file a formal reply justifying the detention of the family, who are alleged to be illegal Bangladeshi immigrants.
The court's directions came during the hearing of a habeas corpus petition filed by the woman’s husband, Mohammed Imran Rauf Khan, and her mother-in-law, Kanta Subaraliu Subbayya. The petition challenged the detention of Sabina Mohammed Imran Khan and her three minor children.
According to the petitioners, Sabina was taken into custody by the Tilak Nagar police on allegations that she had overstayed her visa and was liable to be deported to Bangladesh. The family claimed they were only orally informed of the proposed deportation, without being provided any formal detention order, deportation order, show-cause notice, or an opportunity for a hearing.
The petitioners' advocate, Raj Kamble, argued that Sabina married Khan in Mumbai on September 30, 2011, and that their three children were all born in India. The family presented several documents to establish their Indian residence, including Aadhaar cards, birth certificates, school records, a marriage certificate, and a ration card. Kamble stated that neither Sabina nor the children have any criminal antecedents and argued that their detention violated Articles 14, 21, and 22 of the Constitution.
During the hearing, Kamble also revealed that one of the children, a five-year-old suffering from dengue, had been admitted to Sion Hospital, where family members were barred from visiting him.
Additional Public Prosecutor Kranti Hiwrale opposed the petition, maintaining that Sabina and her children were illegal immigrants.
In its interim order, the High Court stayed the deportation of Sabina and ordered that the three children be handed over to their father. This release is subject to the condition that the children do not leave the jurisdiction of the Tilak Nagar police station. The court also directed that the children be allowed to visit their mother periodically at the detention centre.
The state government must now file its reply before the next hearing, which is scheduled for July 21.
