Court affirms that continued detention without criminal charges violates Article 21, directs issuance of exit permits for return to Sri Lanka.
In a significant ruling, the Kerala High Court has directed the immediate release and repatriation of Sri Lankan nationals, Thenu Jeyapriyan and others, who have been held in a transit home for over two years without being charged with any criminal offense. The court found their detention unconstitutional, citing a violation of Article 21 of the Indian Constitution, which safeguards the right to life and liberty.
The petitioners, children of individuals accused in two National Investigation Agency (NIA) cases, were detained alongside their parents, despite not being involved in any criminal activities. Held at the Gandhibhavan International Trust in Kollam since their visas expired on October 14, 2022, their continued detention came under legal scrutiny.
Justice Bechu Kurian Thomas, presiding over the case, emphasized that the prolonged detention of the petitioners without any pending investigation or charges constitutes a breach of their fundamental rights. The court noted that there was no opposition from the respondents, including the Foreigners Regional Registration Officer, Trivandrum, regarding the petitioners' exit from the country.
In a decisive move, the court instructed the 1st respondent to expedite the issuance of necessary travel and exit documents, including exit permits, to facilitate the petitioners' return to Sri Lanka. The directive mandates completion of these formalities within two weeks from the date of application.
Advocate Kum. Niharika Hema Raj, representing the petitioners, argued that their continuous detention was unjust, as their presence was not required for any further investigation. The Deputy Solicitor General of India, O.M. Shalina, acknowledged that the NIA did not seek the petitioners for any inquiry, thus clearing the path for their repatriation.
This judgment underscores the judiciary's role in upholding constitutional rights and ensuring that foreign nationals are not unjustly detained. The court's decision is expected to expedite the petitioners' departure from India, restoring their liberty and enabling their return to their homeland.
Bottom Line:
Continued detention of foreign nationals without any involvement in criminal offences and when not required for any investigation is unconstitutional and amounts to deprivation of the right to life and liberty under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, 1950
