Kerala High Court Directs Repatriation of Sri Lankan Nationals After Prolonged Detention
In a significant ruling, the Kerala High Court has ordered the immediate repatriation of two Sri Lankan nationals who have been detained for over two years without any criminal charges filed against them. The court emphasized that their continued detention constituted a severe deprivation of their fundamental right to life and personal liberty under the Constitution.
Court's Directive to Foreigners Regional Registration Officer
Justice Bechu Kurian Thomas issued a clear directive to the Foreigners Regional Registration Officer (FRRO) in Thiruvananthapuram, mandating that immediate steps be taken to facilitate the return of the detainees to their native Sri Lanka within a strict timeframe of two weeks. This order came during the hearing of a petition filed by the detainees, who challenged the legality of their prolonged confinement.
Background of the Detainees and Their Family
The petitioners, Thenu Jeyapriyan from Trincomalee, Sri Lanka, and his 17-year-old sister, are the children of Jayaseelan, a Sri Lankan national, and his wife Satyapriya. Their parents were among 22 individuals arrested by the National Investigation Agency (NIA) on September 6, 2022, for allegedly entering India illegally without valid documents from Vaddy Beach in Kollam, Kerala.
At the time of this arrest, both Thenu Jeyapriyan and his sister were minors, which adds a layer of complexity to their detention case. Since that date, they have been held in a building operated by the Gandhibhavan International Trust at Pathanapuram in Kollam district. This facility functions as a transit home, but for the petitioners, it has become a place of indefinite detention lasting more than two years.
Legal Challenge and Government's Stance
Approaching the High Court, the petitioners argued that their continued detention was illegal, as they were not involved in any criminal offence. They sought a judicial declaration to this effect and requested a direction to the authorities to facilitate their return journey to Sri Lanka. In response, the central government informed the court that the petitioners were not required by any investigating agency and expressed no objection to their exit from the country.
This lack of objection from the government played a crucial role in the court's decision, highlighting that there was no legal basis for further detaining the individuals. The court's order underscores the importance of adhering to procedural justice and protecting the rights of foreigners, especially when no charges are pending against them.
Implications of the Court's Ruling
The Kerala High Court's ruling sets a precedent for handling cases involving the detention of foreign nationals without formal charges. By ordering the FRRO to initiate repatriation steps within two weeks, the court has taken a firm stand against arbitrary detention practices. This decision not only provides relief to the petitioners but also reinforces the legal framework safeguarding human rights in India.
As the FRRO moves to comply with the court's directive, this case serves as a reminder of the judiciary's role in upholding constitutional values and ensuring that detention does not extend beyond necessary legal bounds. The swift action ordered by the court aims to restore the petitioners' liberty and reunite them with their homeland after a prolonged period of uncertainty.
