BENNY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition is filed under Art.226 and Art.227 of Constitution of India for a writ of mandamus directing respondents 2 to 4 to obtain sanction under S.27 of Emigration Act, to prosecute respondents 10 to 12, the accused in CC 522/2006 on the file of Judicial First Class Magistrate's Court, Ettumanoor and also directing second respondent to consider and take appropriate action on Ext. P6 representation submitted by the petitioner and also to direct the Judicial First Class Magistrate, Ettumanoor to keep all further proceedings in abeyance till sanction from the Central Government is produced. Along with the writ petition, petitioner produced Ext. P4, the details of information sought for by the petitioner under S.6 of Right to Information Act and Ext. P5 reply given to Ext. P4 by Protector of Emigrants, Public Information Officer, disclosing that sanction is necessary under S.27 of the Emigration Act and it is to be obtained from the Protector General of Emigrants, Ministry of Overseas Indian Affairs, New Delhi and the sanction is to be obtained by the Investigating Officer and no such sanction was applied for or granted to prosecute the accused in CC 522/2006.

(2.) In view of the contentions raised, Judicial First Class Magistrate, Ettumanoor was directed to furnish a report on whether sanction under S.27 of Emigration Act was obtained for prosecuting the accused. Judicial First Class Magistrate submitted a report that though sanction under S.27 of the Emigration Act is necessary, when cognizance was taken on 04/12/2006, availability of previous sanction was not verified and records show that no sanction order was produced.

(3.) Learned counsel appearing for the petitioner and learned Government Pleader were heard.