Gujarat High Court Grants Monthly Visitation Rights to Detained Syrian National and Partner
The Gujarat High Court has issued a significant order permitting a Syrian man, who identifies as LGBTQ+ and is living with HIV, to meet his Indian partner once a month at the Joint Interrogation Centre (JIC) in Ahmedabad. This decision comes after the couple was arrested by Khambhaliya police in Devbhoomi Dwarka district in November 2025, during a combing operation following the Red Fort blast in New Delhi.
Background of the Case and Arrest Details
According to court petitions, the 29-year-old Syrian citizen arrived in India in 2019 to pursue studies at a private university in Rajkot. During his stay, he met his Gujarati partner, and the two began living together in Khambhaliya. His visa expired in 2023, prompting him to apply for refugee status with the United Nations High Commission for Refugees. He received a primary 30-day refugee card in January 2024.
In November 2025, authorities arrested the Syrian national for overstaying his visa, booking him under the Foreigners Act, 1946, and the Immigration and Foreigners Act, 2025. His partner was also arrested but later granted bail. The Syrian was placed in Ahmedabad's JIC under the Foreigners Regional Registration Office (FRRO), while his partner was released.
Legal Petitions and Refugee Status Application
Both individuals have filed petitions in the High Court seeking to quash the FIR and obtain a long-term visa for the Syrian national. They have also requested directions for the Central government to consider his application for refugee status. During a hearing last month, their advocate argued that if refugee status is granted, charges under the Foreigners Act could be read down, as the act excludes refugees.
The petition highlights that the Syrian cannot return to Syria due to life-threatening risks associated with his sexual orientation and membership in the Alawite community, which faces persecution following the collapse of the Assad regime. With no family support in Syria, his Indian partner is his sole contact, justifying the need for regular meetings.
Court Orders and Health Concerns
On February 23, Justice M R Mengdey issued notices to relevant authorities and allowed the couple to meet. The order states, "It will be open for the petitioners to meet each other once in a month for a period of half an hour in presence of police inspector, Joint Interrogation Centre."
In a subsequent proceeding on Monday before Justice J L Odedra, the court addressed concerns about the Syrian's deteriorating health, including severe back pain and stiff fingers. Upon complaints of inadequate medical attention in JIC, Justice Odedra ordered, "Let the concerned medical authority attending to the petitioner shall forward the medical report and the prognosis of his medical condition so as to reach by next adjourned date." The next hearing is scheduled for March 30.
Implications and Ongoing Legal Battle
This case underscores critical issues at the intersection of immigration law, LGBTQ+ rights, and refugee protections in India. The High Court's intervention not only provides temporary relief through visitation rights but also pushes for a resolution on the Syrian's refugee status, which could set a precedent for similar cases involving vulnerable groups seeking asylum.
