Bombay HC directs temporary release of Yemeni national detained since Nov 6

MUMBAI: Observing there is no separate detention centre as contemplated under the law, the Bombay high court directed a temporary release of a Yemeni national detained at Pune's Kondhwa police station for over a month.
A division bench of justices Revati Mohite Dere and Gauri Godse on Thursday passed the order on his Indian wife’s plea of habeas corpus ((to produce a person unlawfully detained), alleging that he was detained illegally for a month and a half despite his application for Overseas Citizenship of India (OCI) card is pending since October 23, 2023.
“However, the petitioner’s husband – Fahd shall not leave the jurisdiction of Kondhwa police station till the next date,’’ said the HC in its order available on Friday. The matter has been posted to January 8, 2024.
In the interim, Fahd can pursue his applications including, an application for an OCI card or visa, the HC said, directing “if such an application is filed, the Foreigner Regional Registration (FRRO) to decide’’ it on its own merits, in accordance with law and being influenced by the pendency of this petition.
At the first hearing on Tuesday, the HC had restrained the authorities from deporting him till further hearing on Thursday.
The HC judges had at the time orally observed that the FRRO must display sensitivity and allow the wife and minor children to meet him in the police station premises. He was arrested on November 6 following an order passed by the deputy commissioner of police, Pune special branch.
The foreign national who had come as a student, met, fell in love with and was married for over 12 years to an Indian woman, and are parents of two minor children, said her counsel Wesley Menezes who had argued for urgent relief against his deportation and seeking his release, saying he had no criminal antecedents and was declared a refugee by the United Nations authority after he fled his home country due to “prolonged armed conflict and constant prosecution".
The UNHCR has said Yemen has faced the worst humanitarian crisis due to an internal civil war, the petition said.
The wife submitted an affidavit stating that due to ongoing civil strife in Yemen, the Yemeni Government formed a passport issuing Centre in Malaysia's Kuala Lumpur and her husband was issued a new passport with validity from June 8 2021 to June 8, 2027.
However, SV Gavand additional public prosecutor for the State and Shriram Shirsat for the FRRO opposed her plea.
Shirsat denied a claim by Menezes that an application was made on November 10 by Fahd to seek an exit from India on the advice of the FRRO.
The HC was also told that the husband had been issued an Aadhar Card and driving license by Indian authorities and hence there was no reason to detain or deport him. The court order noted that it was pertinent that Fahd studied and got married in India in 2011 and their children are Indian nationals.
The State and FRRO counsel sought time to file a reply, which the HC said needed to be filed by January 2.