Kerala High Court Orders Immediate Repatriation of Sri Lankan Siblings
The Kerala High Court has issued a significant order for the repatriation of two Sri Lankan nationals. These siblings, aged 20 and 17, faced detention in a transit home for more than two years. Justice Bechu Kurian Thomas delivered the ruling, emphasizing the urgency of their release.
Court's Strong Stance on Fundamental Rights
Justice Thomas made a powerful observation in his order. He stated that keeping the siblings detained any longer would deprive them of their fundamental right to life and liberty. The court found no valid reason for their continued confinement.
"The continued detention of the petitioners in India will amount to a deprivation of the right to life and liberty of the petitioners," the order explicitly noted. This clear language underscores the court's commitment to protecting human rights.
Background of the Case
The two siblings arrived in India with their parents. Authorities arrested the parents in a criminal case investigated by the National Investigation Agency. The siblings were also taken into custody at that time.
They spent over two years at the Gandhibhavan International Trust in Pathanapuram, Kollam. This facility serves as a transit home. During this period, they were not accused of any crime themselves.
Frustrated by their prolonged detention, the siblings approached the Kerala High Court. They sought a declaration that their detention was unconstitutional. They also requested directions to facilitate their return to Sri Lanka.
Key Findings and Directions
The court's decision came after examining submissions from various authorities:
- The Foreigners Regional Registration Officer stated they had no objection to repatriation if the National Investigation Agency did not require the siblings for further investigation.
- The Deputy Solicitor General of India confirmed that the petitioners were not wanted by any investigating agency in the country.
- Since their visas had expired, the court recognized the need for proper travel documents.
Based on these facts, Justice Thomas directed the Foreigners Regional Registration Officer to take immediate steps. The officer must issue an exit permit and other necessary travel documents. This will enable the siblings to return to Sri Lanka at the earliest possible date.
Legal Implications and Broader Context
This ruling highlights important legal principles regarding detention of foreign nationals. The court emphasized that detention without proper justification violates constitutional rights.
The case also reflects on the treatment of minors in detention. The younger sibling is only 17 years old, adding another layer of concern for the court.
Legal experts note that such decisions reinforce the judiciary's role in protecting vulnerable individuals. They ensure that administrative actions do not overstep fundamental rights guaranteed by the Constitution.
The Kerala High Court's order serves as a reminder that justice must be timely. Two years of detention without charges represents a significant period in these young lives. The court's intervention brings hope for their swift return home.
