Syrian man’s plea seeking quashing of FIR: Gujarat HC issues notice to govt

On  Friday, Justice MR Mengdey of the Gujarat High Court was hearing the application of the Syrian national seeking quashing of the FIR lodged against him and grant of Long Term Visa for stay in India, citing the the “fear of being killed by officers of the state or militant groups” in his home country. Advocate Rohin Bhatt along with Khyati Bhati appeared for the petitioner and made submissions challenging the arrest of the petitioner, who had initially arrived in India in 2019 on a student scholarship. The petitioner’s advocates also made submissions relying on laws and Standard Operating Procedures for dealing with foreign nationals, who “fear persecution based on race, religion, nationality or political opinion”.

The advocates submitted that the petitioner belongs to the Alawite community in Syria, “which has been the target of recent killings, and massacres.” Moreover, they submitted that he also belongs to the LGBTQ+ community, which is “at an increased risk of violence, encompassing acts such as rape, sexual harassment, genital violence, the explicit threat of rape, and forced nudity” in that country.

While making submissions before the HC, the petitioner’s advocates also cited his disturbed “mental state” and implored the court to direct the authorities of the state to permit the petitioner from speaking with his “romantic partner” and co-petitioner in the case as he was otherwise “estranged from his (biological) family”.

After considering the submissions of the petitioner and also the objections raised by the public prosecutors, the HC issued a notice to the respondents and directed the state authorities to allow the petitioner to meet the co-petitioner for 30 minutes in a month till the time of his detention.

The petition, filed jointly by the Syrian national and his 33-year-old Indian partner from Gujarat has named the Secretary of the Home Department of Gujarat, the Officer in-charge of the JIC, Secretaries of the Ministry of Home Affairs and Ministry of External Affairs, as well as the Foreigners Regional Registration Office (FRRO), Ahmedabad, as respondents in the case.

The petition seeks court’s directions to quash the FIR lodged against the two petitioners and to keep him under home arrest until the disposal of the petition before the HC and to grant a long-term visa to the Syrian national “in line with the Standard Operating Procedure” of the Ministry of Home Affairs of March 2019.

The petition also implores the HC to stay the proceedings in the FIR lodged on November 17, 2025 against the petitioners until the disposal of the petition before the HC and direction to “not deport” the Syrian national to his home country “owing to the well-founded fear of his life”.

On November 14, 2025, officials of the Special Operations Group (SOG) of the Gujarat police arrested the two petitioners, who were then interrogated by the Gujarat police, and also by officers claiming to be from the Marine Intelligence, Navy Intelligence, State and National Intelligence Bureau, the petition contends. An FIR, under sections of the Foreigners Act, 1946, has been lodged at Devbhoomi Dwarka against the Syrian national while his Indian partner was booked for abetment of crime. While his partner has been released on bail, the Syrian national is yet to be granted bail.

On November 20, 2025, the SOG of Devbhoomi Dwarka made an application before the Chief Judicial Magistrate, Khambhaliya, to add sections of the Immigration and Foreigners Act 2025, the petition states, which was granted by an order of the Chief Judicial Magistrate on November 24, 2025. The Syrian national was transferred to the JIC on January 4.