No Detention Centres, Held In Police Station For Over A Month: Bombay High Court Stays Deportation of Yemeni Refugee, Orders Temporary Release

The Bombay High Court has stayed the deportation of a Yemeni National and ordered his immediate release from the custody of the Pune police. He was detained by the police on 6th November 2023 under the Foreigners Act.

A division bench comprising Justices Revati Mohite Dere and Gauri Godse observed that the Yemeni National – Fahd – was detained at the police station for one month and 18 days in the absence of a designated detention centre as required under the Foreigners Act.

Moreover, it was found that he has been living in India for several years, had a family here, and had also applied for an extension of his visa once he was granted refugee status by the United Nations.

Fahd approached the HC in a petition filed by his wife Harjinder Kaur, an Indian Citizen. Kaur submitted that Fahd studied in India and the two married in 2011. The couple has two children, both Indian citizens.

According to the court order, Fahd came to India on a spousal visa after his marriage and applied for Residence Permits to the Foreigners Regional Registration Office (FRRO), which was granted till November 2014 but not extended. He was also tried for abetment of suicide the following year and acquitted in 2019. He finally got his passport back in 2019.

It was submitted that Fahd was issued a fresh passport in 2021 valid till 2027 and he applied for an OCI card. The procedure, however, was delayed due to the civil unrest in Yemen. Meanwhile, he was recognized as a refugee by the UNHCR in October this year.

On 6th November 2023, Fahd was detained by Pune police on the premises of Kondhawa police station where he has been lodged since then. His wife Harjinder Kaur filed a petition in the Bombay High Court challenging his detention.

Their counsel Wesley Menezes argued that on 10th November, 2023, Fahd filed an application seeking his exit from India on the advice given by the officials of the FRRO. FRRO's counsel Shriram Shirsat denied the same.

During the hearings, the court perused various documents which established Fahd's long stay in India after his marriage including his Aadhaar card, driving license etc. The court also took into account the fact that Fahd has applied for an Overseas Citizenship of India (OCI) card by virtue of his marriage to an Indian citizen and parenthood of Indian children, as provided under Section 7A of the Citizenship Act 1955.

Considering these factors, the High Court directed the temporary release of Fahd till the next date of hearing on 8th January 2024 while restricting his movement within the jurisdiction of Kondhawa police station.

Fahd's lawyer argued that his client is entitled to get an OCI card as per law and the FRRO should decide his pending application on merits, uninfluenced by the ongoing petition. The FRRO has been directed to file its reply by 2nd January 2024.

Case No - CRIMINAL WRIT PETITION NO. 3927 OF 2023

Appearances - Advs Weseley Menezes a/w Waqar Pathan, Mr. Steven Anthony i/b Saumya Partners for the Petitioner.

Special Public Prosecutor Shreeram Shirsat for FRRO

S.V.Gavand, Addl.P.P for the Respondent-State

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