Karnataka High Court
Mrs Namawejje Mariam vs The Government Of Karnataka on 18 September, 2025
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NC: 2025:KHC:37453-DB
WPHC No. 98 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WPHC NO. 98 OF 2025
BETWEEN:
MRS NAMAWEJJE MARIAM
W/O HAMID ABSILLAH,
AGED ABOUT 32 YEARS,
OCC: COSMETIC BUSINESS,
R/AT FLAT NO.203, RRK APARTMENT,
2ND FLOOR, VINAYAKA LAYOUT,
CHINNAPPANAHALLI,
Digitally signed BENGALURU - 560 037
by
CHANNEGOWDA (CITIZEN OF UGANDA)
PREMA
Location: High MOBILE NO. 73385 41820
Court of
Karnataka
EMAIL ID: [email protected]
...PETITIONER
(BY SRI. BALAKRISHNA M R, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY
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NC: 2025:KHC:37453-DB
WPHC No. 98 of 2025
HC-KAR
ITS HOME SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DIRECTOR GENERAL &
INSPECTOR GENERAL OF POLICE
NRUPATUNGA ROAD,
BENGALURU - 560 002.
3. THE COMMISSIONER OF POLICE
BENGALURU CITY, INFANTRY ROAD,
BENGALURU - 560 001.
4. THE STATION HOUSE OFFICER
WHITEFIELD POLICE STATION,
WHITEFIELD, BENGALURU - 560 066
5. THE DIRECTOR
FOREIGN REGIONAL REGISTRATION OFFICE
5TH FLOOR, 'A' BLOCK, TTMC,
BMTC BUS STAND BUILDING
K.H ROAD, SHANTHINAGAR
BENGALURU - 560 027
6. NEW ARK MISSION OF INDIA
(DETENTION CENTRE)
HOME OF HOPE, 5TH CROSS,
KRC ROAD, DODDAGUBBI,
SONAM LAYOUT, BENGALURU
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NC: 2025:KHC:37453-DB
WPHC No. 98 of 2025
HC-KAR
KARNATAKA - 560 077
...RESPONDENTS
(BY SRI. THEJESH.P, HCGP FOR R1-R4,
SRI. SHANTHI BHUSHAN H, DSGI FOR R5 & R6)
THIS WPHC IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
HABEAS CORPUS DIRECTING THE RESPONDENT NO.5
AUTHORITY TO PRODUCE THE PETITIONER'S MINOR CHILD BY
NAME HAMID CHALLA FROM THE ILLEGAL DETENTION/
CUSTODY RESPONDENT NO.6 FORTHWITH BEFORE THIS
HON'BLE COURT AND HANDOVER THE MINOR CHILD TO THE
CUSTODY OF THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This Writ Petition has been filed alleging that the minor
child of the petitioner has been placed in illegal custody by the
respondents herein. The passport of the petitioner and the birth
certificate of the minor child along with the identity certificate
are produced with the writ petition.
NC: 2025:KHC:37453-DB
HC-KAR
2. We have heard learned counsel Sri Balakrishna
M.R., for the petitioner, Sri Thejesh P., learned High Court
Government Pleader for respondents No.1 to 4 and Sri Shanthi
Bhushan H., learned DSGI for respondents No.5 and 6.
3. Today, a statement has been placed on record by
the learned DSGI on behalf of respondents No.5 and 6, wherein
it is stated that the writ petitioner is a Ugandan national who
has entered India on a e-tourist VISA which has expired on
01.10.2024 and has never registered with the Foreign Regional
Registration Office and is overstaying in the country. It is
submitted that, during the profiling, one of the ladies, who was
found with the child, had contended that she is the mother of
the child and thereafter on 23.08.2025, the petitioner had
produced a fake E-mail along with ETD of the child and a letter
from the Uganda High Commission, New Delhi which was found
to be forged.
4. Learned counsel for the petitioner submits that the
petitioner is ready to leave the country, if the child is also
deported along with her.
NC: 2025:KHC:37453-DB
HC-KAR
5. The learned DSGI submits that the identity of a
child and the fact that the petitioner is the mother of the child
had been confirmed by the High Commission.
6. He further submits that, appropriate steps to see
that the petitioner is sent back to her country i.e., Uganda
along with the child will be taken by the respondents without
any further delay. The petitioner will be put on a flight to
Uganda and the custody of the child will be given in the flight.
The said submissions are recorded.
7. The Writ Petition is accordingly disposed of. It is
made clear that the petitioner will remain at the detention
centre along with a child till she is deported.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
HKV
