Kondhwa, 25th December 2023: The Bombay High Court has intervened to halt the deportation of Fahd, a Yemeni national, who had been in Pune police custody for a duration of one month and 18 days. The court’s decision came as a response to a petition filed against Fahd’s detention under the Foreigners Act.
Fahd, married to Indian citizen Harjinder Kaur, found himself detained due to the absence of a designated detention center, as mandated by the Foreigners Act. The High Court, in its order, directed Fahd’s immediate release.
The legal saga unfolded as Kaur, Fahd’s spouse, filed a petition opposing his deportation. The couple, married in 2011 with two children, has been navigating the complexities of Fahd’s immigration status. Fahd initially arrived in India on a spousal visa and subsequently applied for Residence Permits with the Foreigners Regional Registration Office (FRRO). Although granted initially until November 2014, Fahd’s permit was not extended.
Adding to the legal complexities, Fahd faced charges of abetment to suicide, resulting in his acquittal in 2019. A fresh passport was issued to him in 2021.
The turning point occurred on November 6 when Fahd was detained by Pune police on the premises of Kondhwa police station. The High Court’s intervention not only halted Fahd’s imminent deportation but also directed the FRRO to assess his application for an OCI (Overseas Citizen of India) card and visa, adhering to legal protocols.
The matter is scheduled for a hearing on January 8, emphasizing the ongoing legal uncertainty surrounding Fahd’s immigration status.