HC: Detention ‘irregular', free Yemeni facing deportation
Mumbai: Bombay HC's vacation bench on Tuesday observed that the detention since May 16 of a Yemeni national, who claimed to be a UNHCR refugee, at a police station was irregular and ordered his release.
It said it didn't find any reason where authorities can, without following any procedure, seize his passport. The foreign regional registration office handed back his passport. But HC said he can't leave Mumbai without its nod.
As per the Yemeni national, Mohammed Qassim Mohammed Al-Shibah (52), he was employed with Yemen Airlines and could not return in 2015 due to a civil war that began the year before.
Govt pleader Purnima Kantharia said the deportation order had already been served to him. HC said, "Admittedly, there are no detention centres made available by govt as submitted." There is no provision in Foreigners Act to restrict a person to be deported on a police station's premises, said the petitioner's counsel, Wesley Menezes. HC prima facie agreed. It invoked an SC order that said fundamental rights to equality and life are available even to non-citizens.
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