Mumbai, May 28 (Reporter) The Bombay High Court ordered the immediate release of a Yemeni national, Mohammed Qassim Mohammed AL Shibah, detained at Byculla police station since May 16 for overstaying his visa, a lawyer said here on Wednesday. A vacation bench of justices Gauri Godse and Somasekhar Sunderesan passed an order during the hearing of a plea moved by him challenging his detention without formal orders. While passing the order, the court directed that petitioner AL Shibah be released “forthwith” and instructed him not to leave the jurisdiction of Greater Mumbai without prior permission from the court and keep the location services active on his mobile phone. 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. 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 thrice 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 a civil war and a change in leadership in Yemen, he and his family sought asylum in India fearing persecution. 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...////...