Nikisha Chowdhury v. The Principal Secretary

O R D E R This writ petition has been filed challenging G.O.(ID) No.422, Public (Foreigners-III) Department dated 16.07.2025 on the file of the first respondent, thereby directed the petitioner's husband to reside at the Special Camp at Tiruchirappalli.

2.The petitioner's husband is a Bangladeshi National and he frequently visited India. While being so, during his visit in the year 2020, he overstayed in India. During his stay in Bangalore, he forged his identity as Indian National and obtained Aadhar Card, Voter ID and other documents. On the strength of the same, he also applied for Indian Passport and obtained Indian Passport. On the Indian Passport, he also visited several countries on multiple occasions. One time, he was caught hold and FIR has been registered in CCB-II Crime No.110 of 2025 for the offence punishable under Sections 12(1) (b), 12(1-A)

(a) of the Passports Act, 1967 and Section 420, 468, 471 of IPC. Now investigation is pending. In pursuant to the registration of FIR, the petitioner's husband was arrested and remanded to judicial custody and was subsequently released on bail. Therefore, the petitioner's husband who is a foreign national and committed very serious offence in India was directed to reside at Special Camp at Tiruchirappalli. Now, he has been shifted to Special Camp at Salem.

3.The learned counsel for the petitioner submits that the petitioner is an Indian National and she got love marriage with her husband on 14.05.2017 and also gave birth to two children. Therefore, her husband may be permitted to reside along with the petitioner.

4.The request of the petitioner cannot be considered for the simple reason that the petitioner's husband who is a foreign National obtained Indian Passport by forging the documents. Further, the investigation is still pending in CCB-II Crime No.110 of 2025.

5.In view of the above, this Court finds no infirmity or illegality in the order in G.O.(ID) No.422, Public (Foreigners-III) Department dated 16.07.2025 passed by the first respondent. The writ petition is devoid of merits and the same is dismissed. However, the fourth respondent is directed to conclude the investigation and file final report in CCB-II Crime No.110 of 2025, within a period of twelve weeks from the date of receipt of a copy of this order.

6.The writ petition is dismissed. Consequently, the connected miscellaneous petition is closed.

06.08.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Principal Secretary, Public (Foreigners – III) Department, Secretariat, Fort St. George, Chennai – 600 009. 2 The District Collector and Camp Officer, Special Camp for Foreigners, Central Prison Campus, Tiruchirappalli – 620 001. 3 The Deputy Inspector General of Police, Intelligence (Internal Security), Chennai. 4 The Inspector of Police, Central Crime Branch – II, Vepery, Chennai – 600 007. 5 The Foreigners Regional Registration Officer, Bureau of Immigration, Shastri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai – 600 006. 6 The Public Prosecutor, Madras High Court, Chennai – 600 104. G.K.ILANTHIRAIYAN,J. pri And W.P.M.P. Crl. No.564 of 2026

06.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN And W.P.M.P. Crl. No.564 of 2026 Nikisha Chowdhury ... Petitioner Vs. 1 The Principal Secretary, Public (Foreigners – III) Department, Secretariat, Fort St. George, Chennai – 600 009. 2 The District Collector and Camp Officer, Special Camp for Foreigners, Central Prison Campus, Tiruchirappalli – 620 001. 3 The Deputy Inspector General of Police, Intelligence (Internal Security), Chennai. 4 The Inspector of Police, Central Crime Branch – II, Vepery, Chennai – 600 007. 5 The Foreigners Regional Registration Officer, Bureau of Immigration, Shastri Bhavan Annexure, No.26, Haddows Road, Nungambakkam, Chennai – 600 006. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to G.O.(ID) No.422, Public (Foreigners-III) Department dated 16.07.2025 on the file of the first respondent, quash the same and consequently direct the respondents to release the petitioner's husband Mr.Mohammad Nurul Mostafa @ Shuvo Chowdhury from the Special Camp for Foreigners, Salem. For Petitioner : Ms.S.Vedavalli For Respondents : Mr.R.Ganesh Kumar for R1 to R4 Counsel for Government of Tamil Nadu (Criminal Side) High Court of Madras Assisted by Mr.Mohammed Imran.A Mr.S.Jerome for R5 Central Government Counsel