In a decision today, the division bench of Justice A Agarwal and Justice D K Deshmukh stayed the deportation for two days (Friday and Saturday) to allow the United Nations High Commission for Refugees (UNHCR) to decide on their fate. Failing this the court has directed the Yemen Airlines to fly the foreign nationals to the destined country.

The petition was filed by Nandita Chickermane, an advocate with the Human Rights Law Network, after receiving a fax message from UNHCR. The foreigners had applied to the UNHCR seeking refugee status. A commission official is expected to arrive on Friday tointerview the detainees.

The group, which was travelling on fake passports of United Kingdom, France, Saudi Arabia and Turkey and without visas on Yemen Airlines to Sydney, was detained on March 24.Additional Solicitor General Dhananjay Chandrachud alleged that letting the foreign national stay would be a risk to national security.

Advocate for the petitioner, Manisha Coelho, argued that it was a known fact that Yemen and Algeria are facing political turmoil. She pleaded that the court consider the case on humanitarian grounds and allow her time till Monday. She argued that the nationals were not asking for a refugee status in India adding that the foreigners were willing to undergo prosecution here than be deported to Yemen.

To which Justice Deshmukh said, ``We would like to know who they are being persecuted by, and for what?'' Since the same bench had earlier stayed the deportation till March 31, Justice Deshmukh wanted to know if any advocate was able to glean any information from the detainees.However, Coelho claimed they were not allowed to talk to the detained foreign nationals.