Bombay HC Orders Immediate Release Of Yemeni Refugee Detained At Byculla Police Station; Cites Lack Of Proper Detention Facilities

Mumbai: The Bombay High Court on Tuesday ordered the immediate release of Yemeni national Mohammed Qassim Mohammed Al Shibah, who had been detained at Byculla police station since May 16 for overstaying his visa.

The court took strong exception to the lack of proper detention facilities in Mumbai and emphasized the urgent need for a Standard Operating Procedure (SOP) to handle such cases under the Foreigners Act.

A vacation bench of Justices Gauri Godse and Somasekhar Sunderesan directed that Al Shibah be released “forthwith” and instructed him not to leave the jurisdiction of Greater Mumbai without prior permission from the court.

The court was hearing a petition filed by Al Shibah’s family, which challenged his detention without formal orders. Al 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 2015. Deportation orders were issued against six members of his family, including three minors.

The judges expressed concern over the prolonged detention in a police station due to the absence of designated detention centers. “Who will take responsibility if something were to happen to the detainee?” the bench asked.

Advocate Wesley Menezes, appearing for Al Shibah, argued that his client had no criminal background other than the overstay. “He is not a threat to public order and has been seeking legal resettlement through proper channels,” Menezes said.

He also informed the court that the family, granted refugee status by UNHRC until August 2027, is in the process of resettling in Canada — a process that requires another 12 months in India.

Additional Public Prosecutor Poornima Kantharia opposed the plea, noting that Al Shibah had overstayed his visa and was running a business in India. When the court expressed its inclination to release him, Kantharia requested that he be required to report to the police three times a day. The bench found this excessive and instead suggested that Al Shibah keep the location services active on his mobile phone.

Al Shibah, a former employee of Yemen Airlines, had travelled between India and Yemen from 2002 to 2015. Following the outbreak of civil war and a change in leadership in Yemen, he and his family sought asylum in India fearing persecution.

The court noted that he had entered India on valid documents and that his current detention was due to administrative lapses. “Admittedly, there are no detention centers, because of which he is detained in Byculla police station,” the bench observed.

The court has asked the Maharashtra government to file a detailed response within two weeks. The matter is scheduled for further hearing on June 16.