WP/40658/2026 of Shuvo Chowdhury @ Mohammad Nurul Mustafa Vs THE STATE REP BY ITS on 8 October 2026

ORDER

The writ petition is filed seeking the following relief : " To direct the respondents 1 to 4 to consider and dispose of the petitioner's representation dated 18.09.2026 seeking determination of his citizenship/ nationality status by duly considering his birth, adoption, identity , educational, family, residential, passport and other relevant records in accordance with the Citizenship Act 1955 and the Rules made thereunder, and pass appropriate orders in accordance with law."

WP No. 40658 of 2026

2. The petitioner herein was born to Bangladeshi Nationals on 21.08.1992 at Dum Dum South, West Bengal. Thereafter, he was brought to India and was given adoption to Mr.Sarveen Chowdhury and Mrs.Shurmita Chowdhury in the year 2000. His name was changed from Mohammad Nurul Mustafa to Shuvo Chowdhury. He was educated and lived substantially in India. On 24.06.2025, the petitioner was apprehended by the Immigration Authorities and was arrested in connection with Crime No.110 of 2025 dated 25.06.2025 registered by the Central Crime Branch-II, Chennai, alleging that he was a Bangladeshi national and had obtained the Indian Passport by suppressing his nationality.

3. Thereafter, a Government Order came to be passed on 16.07.2025 under Section 3(2)(e) of the Foreigners Act, 1946, pursuant to which, the petitioner was confined in the Special Camp, Trichy. Subsequently, he was transferred and confined in the Special Camp, Attur, Salem District on 17.10.2025, and continued to remain there to date. The petitioner's wife had approached the Hon'ble Supreme Court in W.P.(Crl) No.152 of 2026 seeking release of her husband, and the Supreme Court by order dated 26.05.2026 had granted her liberty to approach the High Court. Subsequently, W.P.(Crl.) No.1605 of 2026 was filed before this Court and the same was dismissed by this Court on 06.08.2026, directing the Investigating Officer to complete the investigation and file a final report before this Court within 12 weeks. In the meanwhile, the petitioner had submitted his representation dated 18.09.2026 to

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the respondents seeking determination of his Citizenship / Nationality by considering his birth, adoption, identity, education, residence, family circumstances, passport and other records. Since, the said representation of the petitioner has not been considered by the respondents to date, the petitioner is before this Court with the aforesaid relief.

4. Heard the learned counsels on either side and also perused the materials placed on record.

5. The writ petition is one for a mandamus seeking a direction to respondents 1 to 4 to dispose of the petitioner's representation 18.09.2026, for determining his Citizenship / Nationality. A perusal of the records, particularly the FIR would indicate that serious allegations have been made against the petitioner. Though the petitioner would contend that he was brought up in India and was given adoption to Indian couple in 2000, the reading of the FIR would indicate that the petitioner was born in Bangladesh and had come to India only in 2016. However all the documents that have now been referred to by petitioner are alleged to be forged for the purpose of procuring the Indian passport.

6. Be that as it may, the petitioner has made a representation for considering his Citizenship / Nationality, and his representation is yet to be

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disposed of. Therefore, without going into the merits of the claim, it would suffice if a direction is issued to the third respondent to consider the representation of the petitioner dated 18.09.2026, and pass orders within a period of six weeks from the date of receipt of a copy of this order, taking into account all the documents submitted by the petitioner and police.

7. With the above direction, the writ petition is disposed of. No costs.

08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS To:

1. The State, Rep by its: The Secretary to Government Ministry of Home Affairs, North Block, New Delhi - 110001.

2. The Secretary to Government Public (Foreigners) Department, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 600 009.

3. The Regional Officer (FRRO) Foreigners Regional Registration Office, Chennai, No. 26 Shastri Bhawan Annexe Building Haddows Road, Nungambakkam, Chennai - 600 006

4. The District Collector Office of the District Collector, Salem - 636 001.

5. The Inspector of Police Central Crime Branch II, Veppery, Chennai - 600 007.

WP No. 40658 of 2026

P.T.ASHA J. DS WP No. 40658 of 2026 08-10-2026