Court disposes of habeas corpus petition as Uzbekistan Embassy assures swift deportation process.
In a significant ruling, the Chhattisgarh High Court has ordered the deportation of two Uzbek nationals detained for overstaying in India without valid travel documents. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, disposed of the habeas corpus petition filed on behalf of Feruza Sabirova and another petitioner, who have been held in detention since January 2026.
The petitioners, represented by Advocate Mr. Shantam Patil through video conferencing, sought relief from the court to challenge their detention by the Raipur Police. They were detained under Sections 3, 21, and 23 of the Immigration and Foreigners Act, 2025, for overstaying in India without valid passports and visas. The petitioners argued that they had no criminal antecedents and were merely visiting India for tourism and family purposes.
The court was informed that the first petitioner had lost her passport and visa, while the second petitioner's visa had expired in May 2025. Despite these circumstances, they were neither arrested nor remanded in custody initially, but were later detained at the Raipur Central Jail.
The respondents, represented by Central Government Advocate Mr. Rishabh Deo Singh and Deputy Advocate General Dr. Sourabh Kumar Pande, contended that the petitioners were residing illegally in India and thus, their detention was lawful. They assured the court that steps were being taken for the petitioners' deportation to Uzbekistan.
The Embassy of Uzbekistan, through a communication dated May 25, 2026, requested urgent deportation orders from the court, offering full cooperation in the deportation process. The Embassy assured that it would issue the necessary documentation and facilitate the petitioners' return to Uzbekistan promptly.
Given these assurances, the court concluded that the petitioners' request for release and deportation was being addressed adequately by both the State and the Union of India. The court stated, "Since the State as well as the Union of India itself proposes to deport the petitioners to their country i.e., Republic of Uzbekistan, nothing survives in this petition for adjudication."
The High Court's decision underscores the importance of adhering to immigration laws and highlights the cooperative efforts between India and Uzbekistan to resolve such issues diplomatically. The petition stands disposed of with the court satisfied that the necessary actions for deportation are in place.
Bottom Line:
Habeas Corpus - Detention of foreign nationals - Foreign nationals overstaying in India without valid passport and visa - FIR lodged under the Immigration and Foreigners Act, 2025 - Petitioners to be deported to their home country as per the assurance of the Uzbekistan Embassy and Union of India.
Statutory provision(s): Constitution of India, Article 226; Immigration and Foreigners Act, 2025, Sections 3, 21, 23.
