Jamine Banu vs The Union Of India
2026 Latest Caselaw 722 Mad

Citation : 2026 Latest Caselaw 722 Mad
Judgement Date : 24 February, 2026

[Cites 1, Cited by 0]

Madras High Court

Jamine Banu vs The Union Of India on 24 February, 2026

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                  H.C.P.(MD)No.64 of 2026


                       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

                                        H.C.P.(MD)No.64 of 2026

                Jamine Banu                                                         ... Petitioner
                                                         -vs-

                1.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

                1




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                                                                                               H.C.P.(MD)No.64 of 2026


                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




                2




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                                                                                      H.C.P.(MD)No.64 of 2026




                                                      ORDER

(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

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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

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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.

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7.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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G.K.ILANTHIRAIYAN, J.

and R.POORNIMA, J.

aav

24.02.2026

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