HIV+ Syrian man gets bail; ‘his ill-health not in dispute’, says Gujarat High Court
Making submissions on behalf of the Syrian national, advocate Rohin Bhatt informed the court on May 27 that his physical and mental health were in 'tatters' at the detention center.
In an oral order on Friday that was made available Saturday, Justice DN Ray granted bail to the Syrian man who has been held in the detention centre since January this year. (File Photo) The Gujarat High Court has granted conditional bail to a Syrian man, who was arrested during a combing operation last November, on the grounds that his ill health was “not in dispute”.
The petitioner, who is living with HIV+ and belongs to the LGBTQ+ community, had moved the Court, citing “fear of death” if deported. He will now be released from the joint interrogation centre in Gujarat, even as his petition seeking quashing of the FIR registered against him under the Foreigners Act, and protection from deportation, remains pending for hearing.
In an oral order on Friday that was made available Saturday, Justice DN Ray granted bail to the Syrian man who has been held in the detention centre since January this year. The petitioner, who had come to India on a student visa and a government scholarship, had stated in his petition that he met his partner—an Indian national and the co-petitioner—through a dating app.
After his visa expired, the Syrian petitioner had sought an extension of his stay by enrolling in a master’s programme at Mewar University in Chittorgarh, Rajasthan. His visa, however, was not extended.
Making submissions on behalf of the Syrian national, advocate Rohin Bhatt informed the court on May 27 that his physical and mental health were in ‘tatters’ at the detention center. “He is not allowed to exercise, and as a result, there has been a significant deterioration in his condition. Both his physical and mental health are in tatters. He was not permitted to meet anyone until this Hon’ble Court intervened and allowed [the co-petitioner] to meet him once a month. However, subsequent to that, his health has worsened…”
The court was informed that the petitioner’s spinal problems had “exacerbated” and his “bowel function is impaired, and the stiffness in his fingers has worsened to the extent that he has lost sensation in three fingers”.
The state produced a letter in a sealed cover containing the medical report of the Syrian national, which was placed before the Court and subsequently returned to the assistant public prosecutor. The state did not dispute the ill-health of the petitioner.
The court noted that “the ill-health of the petitioner is not in dispute” and that the petitioner is “a refugee, and a criminal case is pending against the person who is alleged to have harboured him”.
The court granted him bail on a personal bond of Rs.10,000 with surety of the like amount, subject to strict conditions that the Syrian national must “not leave the State of Gujarat under any circumstance” and “shall not change the residence without the prior permission of this Court”.
The petitioner has also been asked to “report to the concerned pslice Station once every fortnight” and not take undue advantage of his liberty or misuse it. The court will hear the petition again on June 8.
On November 14, 2025, the Special Operations Group arrested both petitioners from Devbhoomi Dwarka district, and were then interrogated by Gujarat Police and officials “claiming to represent the marine intelligence, navy intelligence, and state and national intelligence bureaus”, the petition stated.
On November 17, an FIR was registered against them under Sections 14A and 14C of the Foreigners Act, 1946, for provisions that deal with harbouring and abetting illegal stay of a foreign national.
Both petitioners were produced before the district’s chief judicial magistrate, and the co-petitioner was released on bail while the Syrian national remained in custody. He also applied for a refugee card from the UNHCR and received a primary 30-day card.
Share
