High Court rejects Pakistani national's release plea

CH NEWS, BENGALURU The Karnataka High Court has rejected a Pakistani national's plea seeking release and deportation to Pakistan, observing that his acquittal in criminal cases does not automatically give him the right to stay freely in India without valid immigration documents. The order was passed by a division bench comprising Justice Anu Sivaraman and Justice K.S. Bharath Kumar on October 29, 2026, while hearing a habeas corpus petition filed by Mohammad Fahad Hi, also known as Mohammad Koya. Fahad, a native of Karachi, Pakistan, is currently lodged at the Foreigners' Detention Centre in Sondekoppa, Nelamangala. He had sought his release and an exit permit to return to Pakistan. His counsel argued that the petitioner had been acquitted by the High Court in 2024 and that the State Government's appeal against the acquittal was dismissed in April 2026. With no criminal cases pending against him, the counsel contended that his continued detention was unlawful. Opposing the plea, the Central Government's counsel submitted that Fahad was a Pakistani national without a valid Indian visa. The government also pointed out that a movement restriction order had been issued against him under the Foreigners Act. The bench observed that the movement restriction order had not been challenged by the petitioner. It therefore declined to order his unconditional release. However, the court granted him liberty to challenge the movement restriction order through appropriate legal proceedings and disposed of the petition.