ORDER :

1. One Rasakrishnan @ Radhakrishnan @ Raasa @ Ramesh, a Sri Lankan national, is said to have come to India in 2003 under a Tourist Visa and due to the ethnic conflict in Sri Lanka, he did not return to Sri Lanka, but, chose to stay in India as an ‘out refugee’ and report before the Inspector of Police, C-1, Madippakkam Police Station. He is said to have got married to Rajalakshmi, an Indian citizen who is the petitioner herein, on 31.08.2003. The criminal antecedents of Radhakrishnan have been set out in the counter affidavit of the Deputy Secretaries to Government, Public (Foreigners) Department and Protocol, Public Department, at paragraph 3, which reads as under:

“3. I further submit that the petitioner's husband Thiru Rasa @ Rasakrishnan @ Ramesh @ Radhakrishnan, Dharmadurai was arrested by the Central Crime Branch, Chennai City on 28.06.2019, in Central Crime Branch Cr. No. 207/2019 under sections 12(1A)(b) and 12(2) of the Passport Act, 1967 (Central Act 15 of 1967) r/w 420, 468, 471 of Indian Penal Code (Central Act XLV of 1860) for preparing fake documents for obtaining visa, stickers to be pasted in the visa, changed the photos of holders in the passport copies, to use the same in foreign countries to open bank account, obtain loan and thus helped his associates to cheat Government. Investigation made disclosed that Rasa @ Rasakrishnan @ Ramesh @ Radhakrishnan Dharmadurai is originally a Sri Lankan holding Sri Lankan Passport No. N1197794 in the name of Sri Rasa Krishnan, S/o Tharmathurai. He farudulently obtained Indian Passport No. S 6994883. It is further submitted that Sri Lankan National Rasa @ Rasakrishnan @ Ramesh @ Radhakrishnan Dharmadurai had acquaintance of one Prince Mathuram Cornelius, a permanent citizen of United Kingdom Britain and running an educational institution in London in the name of Exodus Educational Services Pvt. Ltd. along with his associates Tvl. Rasa @ Rasakrishnan @ Ramesh @ Radhakrishnan Dharmadurai, Godwin and Prabhakar. They had prepared fake documents like company call letters, bank accounts for the fake companies, paid income tax for those fake companies and obtained visa for ineligible candidates and thus, indulged in illegal trafficking. Apart from that, he concealed his Sri Lankan citizenship, submitted fake documents and obtained Indian passport and travelled to foreign countries, and had plan to settle in London. He was concerned previously involved in the following cases:

(i) CCB Cr. No. 454/2009 under Sections 419, 420, 467, 468, 471 and 511 IPC, CC No. 10138 of 2014 in CCB Special Court.

(ii) J8 Neelankarai Police Station Cr. No. 10/14 under Sections 294(b), 323 and 506(I) IPC.

(iii) S7 Madipakkam Police Station Cr. No. 34/2014 under Sections 341, 324 and 506(II) IPC - CC No. 785/2014 at Judicial Magistrate, Alandur.

It is also submitted that during the course of investigation, 16 items of incriminating records and articles and material objects (like passports in various names, Aadhar cards, various bank account statements, mobile phones, laptop and a copy of Canada Visa sticker etc. were seized from Thiru Rasa @ Rasakrishnan @ Ramesh @ Radhakrishnan Dharmadurai.”

After he was released on bail, the State Government passed an order in G.O. (1D) No. 349, Public (Foreigners-I) Department dated 26.07.2019 under Section 3(2)(e) of the Foreigners Act, 1946, lodging him in the Special Camp at Trichy, aggrieved by which, his wife Rajalakshmi has filed the present habeas corpus petition.

2. Heard Mr. R.C. Paul Kanagaraj, learned counsel for the petitioner, Mr. R. Shanmugasundaram, learned Advocate General assisted by Mr. R. Muniyapparaj, learned Additional Public Prosecutor and Mr. R. Sankaranarayanan, learned Additional Solicitor General assisted by Mr. Avinash Krishnan Ravi, learned Central Government Standing Counsel.

3. The main submission of Mr. R.C. Paul Kanagaraj was that the State Government, by order in G.O. No. SR 3/1137-1/2016 Public Department dated 20.09.2016, permitted fi