Muhammad Musthafa v. the State of National Capital Territory of Delhi and Ors.

Delhi HC3 Jul 2026W.P.(CRL)/1601/2026

Case brief

AI extract

What is this about?

Habeas corpus writ petition (W.P.(CRL) 1601/2026, decided 03.07.2026) under Article 226 Constitution read with S. 528 BNSS 2023; missing person Mahammad Iqbal untraceable since arrival at IGI Airport, New Delhi on 05.05.2026 after deportation from Riyadh following drug-case imprisonment in Saudi Arabia; Status Report dated 03.07.2026 showed futile tracing efforts; FIR to be registered; quarterly periodical reports to Magistrate; petition disposed.

What did the court decide?

Petition disposed of with directions to the respondents to continue efforts to trace Mr. Mahammad Iqbal and file periodical reports before the concerned Magistrate on a quarterly basis; the Court recorded the Standing Counsel's assurance that a formal FIR shall be registered and further investigation carried out. ¶¶14

Muhammad Musthafa Vs the State of National Capital… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ in the nature of habeas corpus should issue directing production of Mr. Mahammad Iqbal, the petitioner's brother, whose whereabouts have been unknown since his arrival at IGI Airport, New Delhi on 05.05.2026.

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Court's answer

The Court took on record the Status Report dated 03.07.2026, which detailed the respondents' efforts to trace Mr. Mahammad Iqbal and recorded that those efforts had been futile.

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Ratio / Principle

On the learned Standing Counsel's assurance that a formal FIR shall be registered and further investigation carried out, the Court disposed of the petition, directing the respondents to continue efforts to trace Mr. Mahammad Iqbal and to file periodical reports before the concerned Magistrate on a quarterly basis.

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Detailed headnote1 paragraphs

Delhi High Court (Navin Chawla and Ravinder Dudeja, JJ.), disposing of W.P.(CRL) 1601/2026 filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Muhammad Musthafa sought a writ of habeas corpus for production of his brother, Mahammad Iqbal, who after imprisonment in Saudi Arabia in a drug-related case was deported from Riyadh Airport and arrived at IGI Airport, New Delhi on 05.05.2026, and has been untraceable since. Taking on record a Status Report dated 03.07.2026 showing that the respondents' tracing efforts had been futile, and acting on the Standing Counsel's assurance that a formal FIR shall be registered and investigated, the Court directed the respondents to continue efforts to trace him and to file periodical reports before the concerned Magistrate on a quarterly basis.

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1601/2026 MUHAMMAD MUSTHAFA .....Petitioner Through: Mr. Mohd. Arif Hussain, Adv.

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versus

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THE STATE OF NATIONAL CAPITAL TERRITORY OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya, Mr. Aryan Sachdeva, Advs. SI Madan Lal, PS: IGI Airport.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 03.07.2026

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The present Writ Petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ in the nature of Habeas Corpus, seeking production of Mr. Mahammad Iqbal, the brother of the petitioner.

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The petition states that Mr. Mahammad Iqbal had undergone imprisonment in Saudi Arabia in connection with a drug-related case. After serving the sentence and on his release, he was deported from the Riyadh Airport and had arrived at the IGI Airport, New Delhi on 05.05.2026. Since that day, his whereabouts have not been known.

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The learned Standing Counsel for the respondents has handed

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:29:57

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over a Status Report dated 03.07.2026 detailing the efforts which have been made by the respondents to trace out Mr. Mahammad Iqbal. However, the same have been futile. The Status Report is taken on record. He further submits that a formal FIR shall be registered and further investigation on the same shall be carried out.

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With the aforesaid assurance given to us, we dispose of the present petition directing the respondents to continue to make further efforts to trace out Mr. Mahammad Iqbal and file periodical reports before the concerned Magistrate on a quarterly basis.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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JULY 3, 2026/Arya/nj/as

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/07/2026 at 11:29:57

Muhammad Musthafa v. the State of National Capital Territory of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Muhammad Musthafa v. the State of National Capital Territory of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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