Continued Detention Of Children Of Sri Lankan Citizens Booked In NIA Case Is Deprivation Of Their Right To Life: Kerala High Court Orders Issuance Of Exit Permit
The Kerala High Court was considering a petition whereby the children of Sri Lankan citizens who were arrested in an NIA case sought a direction to facilitate their return to Sri Lanka.
Justice Bechu Kurian Thomas, Kerala High Court
While observing that the continued detention of children of Sri Lankan citizens, who were arrested in an NIA case, would be a deprivation of their right to life & liberty, the Kerala High Court has asked the Foreigners Regional Registration Officer to initiate necessary steps to issue an exit permit and other travel documents to enable their return to Sri Lanka.
The High Court was considering a petition whereby the children of the Sri Lankan citizens who were arrested in an NIA case sought a direction to facilitate their return to Sri Lanka.
The Single Bench of Justice Bechu Kurian Thomas held, “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, I am of the view that the petitioners ought to be permitted to leave India at the earliest. The continued detention of the petitioners in India will amount to a deprivation of the right to life and liberty of the petitioners. Since petitioners visas have expired, the 1st respondent must initiate necessary steps to issue an exit permit and other travel documents at the earliest to enable their return to Sri Lanka.”
Advocate Niharika Hema Raj represented the Petitioner, while Deputy Solicitor General of India O.M.Shalina represented the Respondent.
Factual Background
The Petitioners are Sri Lankan citizens and are the children of the accused. Their parents were arrested by the National Investigation Agency in connection with two crimes. Petitioners were also taken into custody along with their parents. Thereafter, they were detained in a Transit Home. The petitioners have been continuing in the said Transit Home for more than two years. Since petitioners were not involved in any criminal offence, they approached the Court seeking a declaration that their continued detention is unconstitutional. They also sought an appropriate direction to the Foreigners Regional Registration Officer to take immediate steps to facilitate their return to Sri Lanka.
A statement was filed on behalf of the Officer stating that the petitioners are holders of valid Sri Lankan passports and their Visas had expired in 2022. The Court had earlier directed the State Government to ensure that the petitioners reside at the Gandhibhavan National Trust, Pathanapuram, Kollam, until further orders, and thereafter they were residing in the said Transit Home. The statement further mentioned that the Officer had 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.
Reasoning
The Bench took note of the fact that there was no dispute from the side of the respondents to the petitioners' exit, and the petitioners were also not wanted by any investigating agency in the country.
Considering that the continued detention would amount to deprivation of life and liberty, the High Court asked the Registration Officer to initiate necessary steps to issue an exit permit and other travel documents.
Allowing the Petition, the Bench ordered, “The 1st respondent shall ensure that petitioners exit the country at the earliest and if any hurdle is caused, the same shall be overcome at the earliest using the good offices of the 1st respondent.”
Cause Title: Thenu Jeyapriyan v. The Foreigners Regional Registration Officer (Neutral Citation: 2026:KER:3631)