‘Deprivation of right to life’: Kerala High Court orders repatriation of two Sri Lankan siblings detained for two years

The court further directed the Foreigners Regional Registration Officer to initiate necessary steps to issue an exit permit and other travel documents at the earliest to enable their return to Sri Lanka as their visas had expired.

Background

• The parents of the two siblings were arrested by the National Investigation Agency in a criminal case.
• The two siblings were also taken into custody along with their parents. Thereafter, they were detained at Gandhibhavan International Trust, Pathanapuram, Kollam, which is a Transit Home.
• Since then they have been continuing in the said Transit Home for the last more than two years.
• They approached the court seeking a declaration that their detention was unconstitutional and also sought a direction for steps to facilitate their return to Sri Lanka.

Findings

• Statement filed by Foreigners Regional Registration Officer mentions that it has no objection to initiate the procedure for their repatriation to Sri Lanka, if they were not required for any further investigation by the National Investigation Agency.
• During the course of hearing, the Deputy Solicitor General of India (DSGI) submitted that the petitioners are not wanted by the National Investigation Agency for any enquiry or investigation.
• DSGI submits that petitioners are not wanted by any investigating agency and hence respondents have no objection to the petitioners exiting the country.

• Since there is no dispute from the side of the respondents to the petitioners’ exit, and they are also not wanted by any investigating agency in the country, petitioners ought to be permitted to leave India at the earliest.
• Since their visas have expired, necessary steps must be initiated to issue an exit permit and other travel documents at the earliest to enable their return to Sri Lanka.