Additional Solicitor General Gourab Banerjee told a bench of justices P Sathasivam and Ranjan Gogoi that as the Saudi Arabia police has officially announced that Fasih was in its custody, the habeas corpus petition filed by his wife Nikhat Parveen has become infructuous.
Concurring that on account of the latest developments the the petition might have become infructuous, the bench, however, asked the ASG to make a written submission it on the issue.
Fasih's wife Nikhat Parveen had moved the apex court alleging that her husband had been picked up by a joint team of the Indian and Saudi officials on May 13 for his purported terror links and his whereabouts were not known.
The Centre had earlier told the apex court that the alleged abduction of the engineer from Bihar in Saudi Arabia has turned into a diplomatic issue with Riyadh "not saying anything."
The government said Fasih Mohammed was neither in India nor in the custody of any police here and the Ministry of External Affairs has been pursuing his case with its Saudi Arabia's counterpart.
The CBI had earlier issued a red corner notice for tracking Fasih.
During the earlier hearing on June 6, the Ministry of External Affairs (MEA), the Home Ministry and the Delhi Police had, in a joint response, rejected the allegation that Fasih Mohammed was abducted by the Indian police personnel for custodial interrogation.
