The Delhi High Court has dismissed a public interest petition seeking directions to identify and deport alleged illegal migrants residing in different parts of Delhi, holding that such relief cannot be granted on the basis of broad and unsupported allegations. Justice Purushaindra Kumar Kaurav observed that courts cannot order a wide-ranging inquiry without specific facts or credible material being placed on record.
Background of the Case
The petition was filed by M.A. Burney against the Union of India and others, seeking directions for the deportation of alleged illegal migrants, including persons claimed to be from Bangladesh and Rohingya communities, from areas such as Kalindi Kunj, Batla House, Shaheen Bagh, Shram Vihar, Taimur Nagar and Majnu Ka Tila. The petitioner also sought action against local residents allegedly providing shelter to such persons and requested police protection.
During the hearing, the respondents informed the Court that no formal complaint had been lodged with the concerned police station regarding the alleged presence of illegal migrants. They further submitted that a local inquiry had been conducted and no such instances were found. The authorities also stated that the petitioner had failed to provide any names or identifying details of the persons alleged to be illegal migrants, making verification impossible.
Court's Observations
Justice Purushaindra Kumar Kaurav relied on earlier decisions of the Supreme Court and High Courts dealing with similar issues. The Court noted that allegations seeking judicial intervention must be supported by prima facie material and cannot rest on vague assertions.
Quoting the legal position, the bench observed,
“Mere vague, evasive, and sweeping averments, bereft of supporting material, cannot constitute a valid basis for the grant of relief.”
The Court also reiterated that matters relating to the identification and deportation of foreign nationals fall primarily within the executive's domain. Judicial review is limited to ensuring that authorities act according to law and established procedures.
Examining the present case, the Court found that the petition neither identified any individual alleged to be an illegal migrant nor produced credible material supporting the allegations. The status report submitted by the authorities also did not corroborate the petitioner's claims.
Court's Decision
Dismissing the petition, the High Court held that it could not issue a blanket direction requiring authorities to identify and deport alleged illegal migrants based on general and unsubstantiated allegations.
The bench observed,
“No omnibus direction can be issued requiring the respondents to identify and deport alleged illegal migrants on the basis of vague and unsubstantiated allegations.”
The Court concluded that granting such relief would amount to ordering a "fishing and roving enquiry," which falls outside the scope of writ jurisdiction.
Accordingly, the writ petition was dismissed along with all pending applications.
Case Details
Case Title: M.A. Burney v. Union of India and Others
Case Number: W.P.(CRL) 2496/2024
Judge: Justice Purushaindra Kumar Kaurav
Decision Date: 22 July 2026
