The Bombay High Court in the case observed and has stayed the deportation of a Yemeni National and ordered his immediate release from the custody of the Pune police.
The court observed that he was being detained by the police on November 06, 2023 under the Foreigners Act.
The Division bench comprising of Justice Revati Mohite Dere and Justice Gauri Godse in the case observed that the Yemeni National – Fahd – was being 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.
The court in the case 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 being granted refugee status by the United Nations.
Therefore, Fahd approached the High Court in the petition filed by his wife Harjinder Kaur, an Indian Citizen. Kaur submitted that Fahd studied in India and the two married in 2011. Thus, the couple has two children, both Indian citizens.
The court in its order stated that 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 being granted till November 2014 but the same was not extended. Thus, he was also tried for abetment of suicide the following year and acquitted in 2019 and he finally got his passport back in the year 2019.
It was also submitted before the court that Fahd was issued a fresh passport in 2021 valid till 2027 and he also applied for an OCI card.
However, the procedure was delayed due to the civil unrest in Yemen. Meanwhile, he was recognized as a refugee by the UN HCR in October this year.
The court observed that Fahd was detained by Pune police on the premises of Kondhawa police station where he has been lodged since then and his wife Harjinder Kaur filed a petition in the Bombay High Court challenging his detention.
Their counsel, Wesley Menezes argued before the court that on November 10, 2023 Fahd filed an application seeking his exit from India on the advice given by the officials of the FRRO. Thus, the counsel, Shriram Shirsat appearing for FRRO’s denied the same.
The court in the case observed and has perused various documents which established Fahd’s long stay in India after his marriage which includes his Aadhaar card, driving license etc.
The court also considered 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.
The High Court in the case observed and has 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.
It has also been argued by the counsel appearing for Fahd’s 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.
Accordingly, the court directed FRRO for filing its reply by January 02, 2024.
The counsel, Advocates Weseley Menezes a/w Waqar Pathan, Mr. Steven Anthony i/b Saumya Partners appeared for the Petitioner.
The counsel, Special Public Prosecutor Shreeram Shirsat for FRRO. The counsel, S.V.Gavand, Addl.P.P respondent the Respondent-State.
