LI Network
Published on: December 24, 2023 at 11:47 IST
The Bombay High Court has intervened to stay the deportation of Fahd, a Yemeni national, and has ordered his immediate release from Pune police custody. Fahd was apprehended on November 6, 2023, under the provisions of the Foreigners Act.
The division bench, comprised of Justices Revati Mohite Dere and Gauri Godse, issued the stay order after noting that Fahd had been detained for an extended period—specifically, one month and 18 days—at a police station due to the absence of a designated detention center, as mandated by the Foreigners Act.
Furthermore, the Court discovered that Fahd had been residing in India for several years, had familial ties in the country, and had even applied for a visa extension subsequent to being granted refugee status by the United Nations.
Fahd, represented in the High Court through a petition filed by his wife Harjinder Kaur, an Indian citizen, asserted that he had pursued education in India and had been married to Kaur since 2011. The couple, parents to two Indian citizen children, faced separation due to Fahd’s prolonged detention.
The court’s scrutiny of the case revealed that Fahd had initially come to India on a spousal visa, applied for Residence Permits from the Foreigners Regional Registration Office (FRRO), and had his visa granted until November 2014, although it was not subsequently extended.
Moreover, Fahd had faced legal charges for abetment of suicide in the following year, ultimately being acquitted in 2019 and regaining possession of his passport.
According to the court order, Fahd applied for an Overseas Citizenship of India (OCI) card, but the process was delayed due to civil unrest in Yemen. In October of the current year, he was officially recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR).
On November 6, 2023, Pune police detained Fahd, leading to Harjinder Kaur filing a petition in the Bombay High Court challenging his incarceration.
During the Court proceedings, Fahd’s counsel, Wesley Menezes, argued that Fahd had applied for an exit from India on November 10, 2023, following advice from FRRO officials. However, FRRO’s counsel, Shriram Shirsat, contested this claim.
Upon careful consideration of various documents, including Fahd’s Aadhaar card and driving license, which attested to his extended stay in India, the court also acknowledged his application for an OCI card based on his marriage to an Indian citizen and his role as a parent to Indian children, as per Section 7A of the Citizenship Act 1955.
Taking these factors into account, the High Court directed Fahd’s temporary release until the next hearing scheduled for January 8, 2024. However, his movement is restricted within the jurisdiction of the Kondhawa police station.
Fahd’s legal representation emphasized his entitlement to an OCI card, urging the FRRO to decide on the pending application impartially, uninfluenced by the ongoing petition.
The FRRO has been instructed to submit its response by January 2, 2024.
