Bombay High Court orders release of Yemeni overstaying his visa

The Bombay High Court on Tuesday ordered the immediate release of a Yemeni national detained by the Mumbai police earlier this month for overstaying his visa and sought to know how he could be kept in a lockupThe court questioned how the man Mohammed Qassim Mohammed Al Shibah a former airline employee could be kept in the lockup at the Byculla police station since May 16 and noted his current detention was due to administrative lapsesA bench of Justices Gauri Godse and Somasekhar Sundaresan lamented about the lack of proper detention facilities in the metropolis for persons detained in such casesThe court emphasised the need for a Standard Operating Procedure SOP to handle illegal stay cases under the Foreigners ActThe bench said the man shall be released forthwith and directed him not to leave the city without prior permission from the courtQuestioning as to how the man was detained without any formal order the bench wondered who would be responsible if something untoward happened to him while in detentionWhat if something happens to the person if he has a heart attack or some other medical emergency The police officers need to understand the seriousness of the issue Who would be responsible then the court saidThe mans family had petitioned the HC against the detentionAl Shibah a designated refugee under the United Nations Human Rights Council UNHRC had been living in India with his family after their visas expired in September 2015Deportation orders were issued against six members of his family including three minorsAdvocate Wesley Menezes appearing for Al Shibah argued his client had no criminal background other than the overstayHe is not a threat to public order and has been seeking legal resettlement through proper channels Menezes contendedThe advocate informed the court that the family granted refugee status by the UNHRC until August 2027 is in the process of resettling in Canada a process that requires another 12 months in IndiaAdditional Public Prosecutor Poornima Kantharia opposed the plea noting Al Shibah had overstayed his visa and was running a business in IndiaAl Shibah a former employee of Yemen Airlines had travelled between India and his home country from 2002 to 2015 Following the outbreak of civil war and a change in leadership in the West Asian nation he and his family sought asylum in India fearing persecution in their home countryThe court noted that he had entered India on valid documents and that his current detention was due to administrative lapsesThe court has asked the Maharashtra government to file a detailed affidavit to the plea and posted the matter for further hearing on June 16This story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoeveratOptionskeyd0ddb8ef8f1a62a8cdd22fac27fc5ea7formatiframeheight90width728params