Overview

• The court found no legal basis for Mohammed Qassim Mohammed Al Shibah’s detention at Byculla police station since May 16 and directed his immediate release.
• Justices Gauri Godse and Somasekhar Sundaresan lamented the absence of dedicated detention facilities in Mumbai for foreigners held under the Foreigners Act.
• The bench emphasized the need for a formal Standard Operating Procedure to manage cases of illegal stay and oversight of visa overstayers.
• Al Shibah and his family, registered refugees with the UNHCR since 2015, face deportation orders while their Canada resettlement process requires another year in India.
• The court instructed the Maharashtra government to file a detailed response in two weeks, scheduled the next hearing for June 16, and prohibited Al Shibah from leaving Greater Mumbai without permission.