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2016 Supreme(Mad) 2709
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. SASIDHARAN & B. GOKULDAS, JJ.
Mohammed Fawzar - Petitioner
Vs.
Union of India & Ors. - Respondents
H.C.P(MD)No.949 of 2016 and C.M.P.(MD).No.7347 of 2016
Decided On : 23-08-2016
For the Petitioner: Mr. R. Alagumani.
For the Respondent: Mr. N. Shanmugaselvam, Mr. C. Mayil Vahana Rajendran Additional Public Prosecutor.
The court upheld the principle of Habeas Corpus and ordered the release of the detenu after serving the sentence, emphasizing the right to liberty and the duty of the authorities to ensure compliance with legal procedures.
Headnote:
Habeas Corpus - Deportation of Detenu - -
Fact of the Case:
The petitioner's son, a Sri Lankan national, was convicted and sentenced to imprisonment in India. The petitioner filed a Habeas Corpus Petition seeking his son's release as he had already served the sentence but was not released. The court directed the authorities to submit a report and subsequently ordered the issuance of an exit permit for the detenu to be deported to Sri Lanka.
Finding of the Court:
The court found that the detenu had served the sentence and ordered the authorities to issue an exit permit for his deportation to Sri Lanka.
Issues: Detention of the petitioner's son after serving the sentence, deportation proceedings, and financial constraints of the petitioner.
Ratio Decidendi: The court's decision was based on the fact that the detenu had already served the sentence and the authorities' report indicating no pending cases against the detenu, leading to the order for deportation.
Final Decision: The Habeas Corpus Petition was disposed of with the direction for the issuance of an exit permit for the detenu's deportation to Sri Lanka.
K.K. SASIDHARAN, J.
This Habeas Corpus Petition has been filed by a Srilankan National for a direction to the respondents to produce the detenu, by name, Ahamed Iqmal and set him at liberty.
2. According to the petitioner, his son, by name, Ahamed Iqmal, came to India, by proper Visa and Passport. He reached Nagapattinam, on 14.11.2011. Since he lost the Passport and the other documents, the police arrested him and produced before the jurisdicational Magistrate. He was convicted by the learned Judicial Magistrate, Rameshwaram and sentenced to undergo rigorous imprisonment for two and half years. The detenu has already undergone the sentence. Since he was not released thereafter, the petitioner has come up with this Habeas Corpus Petition.
3. We have passed the following order, on 01.08.2016:-
"The learned Additional Public Prosecutor appearing on behalf of the respondents, on instructions, submitted that the District Collector, Ramanathapuram District, wanted to deport the petitioner to Srilanka. He is awaiting a report from the Superintendent of Police, Ramanathapuram District.
2. The Superintendent of Police, Ramanathapuram District, is a party to this Habeas Corpus Petition.
3. We direct the Superintendent of Police, Ramanathapuram District, to submit a report to the District Collector, Ramanathapuram District, pursuant to his request, by 03 August, 2016 and produce a copy before this Court on 04 August, 2016. In case no objection is given by the Superintendent of Police, Ramanathapuram District, orders shall be passed by the District Collector, thereafter taking into account the submission made by the learned Additional Public Prosecutor that the Police and District Administrator also wanted to deport the detenu to Srilanka.
4. Post on 04 August, 2016".
4. Thereafter, we have passed another order on 04.08.2016:-
"The Superintendent of Police, Ramanathapuram, submitted a report to the District Collector, Ramanathapuram, indicating that there are no cases pending against the detenu and as such, the police has no objection in deporting the detenu to Sri Lanka. Thereafter, the District Collector, Ramanathapuram, vide proceedings dated 03.08.2016, forwarded the case to the Government for passing appropriate orders.
2. The second respondent is directed to pass appropriate orders, pursuant to the report submitted by the District Collector, Ramanathapuram, as expeditiously as possible, and in any case, on or before 17.08.2016.
3. Post the matter on 18.08.2016".
5. When the Habeas Corpus Petition was taken up for hearing on 19.08.2016, the learned Additional Public Prosecutor produced a copy of the order, dated 16.08.2016, passed by the District Collector, Ramanathapuram, directing the detenu to pay a sum of Rs.32,000/- on account of charges for overstay so as to enable the administration to issue him exit permit. Since the petitioner was not having the sufficient financial resources to pay the said amount, the matter was adjourned to be posted on 22.08.2016.
6. When the Habeas Corpus Petition was taken up for consideration on 22.08.2016, the learned counsel for the petitioner pleaded that the petitioner is not in a position to pay the said amount. We, therefore, requested Mr. M. Ajmal Khan, learned Senior Counsel, to extend help to the petitioner so as to enable him to take his son, who is stated to be an unsound person to Srilanka. The learned Senior Counsel readily agreed to provide necessary amount, taking into account the pitiable condition of the petitioner and detenu.
7. When the Habeas Corpus Petition was taken up for hearing today, the learned counsel for the petitioner submitted that Mr. M. Ajmal Khan, learned Senior Counsel, handed over a sum of Rs.32,000/- so as to enable the petitioner to remit the charges for overstay before the Treasury, pursuant to the order passed by the District Collector, dated 16.08.2016.
8. Since the petitioner is not in possession of money to purchase air tickets, we requested Mr. T.S. Mohammed Mohide
