Jasmine Banu v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Jamine Banu ... Petitioner -vs1.The Union of India Rep by The Secretary to the Government Ministry of External Affairs Jawahar Lal Nehru Bhavan South Block New Delhi.
2.The Union of India Rep by The Secretary to the Government Ministry of Overseas Indian Affairs Abkar Bhavan Chanakayapurai New Delhi.
3.His Excellency The High Commission of India Indian High Commission Baitussyifaa Simpang 40-22 Jalan Sungai Akar
Bandar Seri Begawan BC 3915 Brunei Darussalam.
4.The District Collector Pudukkottai District.
5.The Superintendent of Police Pudukkottai District.
6.The Inspector of Police Kottaipattinam Police Station Pudukkottai District.
7.Jabar Sadiq ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to secure and produce the person of the detenue Abdul Kapoor, S/o.Shahul Hammed aged about 47 years before this Court and set him at liberty.
For Petitioner :
Mr.T.Lenin Kumar For R4 to R6 :
Mr.R.M.Anbunithi Additional Public Prosecutor For R1 to R3 : Mr.K.Govindarjan Deputy Solicitor General of India
O R D E R
(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Habeus Corpus Petition has been filed to direct the respondents to secure and produce the person of the detenue Abdul Kapoor, S/o.Shahul Hammed aged about 47 years before this Court and set him at liberty.
2. The petitioner is the wife of the detenue namely Abdul Kapoor. He went to Brunei for employment under the third respondent. During his employment he did not return back to India for the reason best known to the seventh respondent herein. Therefore the petitioner lodged compliant before the sixth respondent alleging that her husband was illegally detained by the seventh respondent.
3. On instructions, the learned counsel appearing for the third respondent submitted that the husband of the petitioner committed misappropriation to the tune of 6,00,000 Brunei Dollas which caused
huge loss to his employer and therefore he is facing criminal prosecution.
4. The learned Additional Public Prosecutor appearing for the respondents 4 to 6 would submit that when the husband of the petitioner is facing prosecution in abroad he has to approach the third respondent for appropirate relief. When the detenu is facing prosecution in abroad, the Habeus Corpus Petition is not maintainable and he is not under illegal detention of any one.
5. Hence, the Habeus Corpus Petition stands dismissed [G.K.I., J.] [R.P., J.] 24.02.2026 aav
To 1.The Secretary to the Government The Union of India Ministry of External Affairs Jawahar Lal Nehru Bhavan South Block New Delhi.
2.The Secretary to the Government The Union of India Ministry of Overseas Indian Affairs Abkar Bhavan Chanakayapurai New Delhi.
3.His Excellency The High Commission of India Indian High Commission Baitussyifaa Simpang 40-22 Jalan Sungai Akar Bandar Seri Begawan BC 3915 Brunei Darussalam.
4.The District Collector Pudukkottai District.
5.The Superintendent of Police Pudukkottai District.
6.The Inspector of Police Kottaipattinam Police Station Pudukkottai District.
7.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
G.K.ILANTHIRAIYAN , J.
and R.POORNIMA , J.
aav 24.02.2026