IMRAN MUHAMMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India seeking the following reliefs :-

(2.) Petitioners 1 and 2 are Pakistan nationals who have come to India on for medical treatment. The first petitioner is suffering from Cervical Spinal cord injuries for which he sought treatment from third petitioner hospital, AAMRI Rehab International, Vazhakala, Ernakulam. Thus, he obtained Ext. P2 medical visa for a period of three months from 12.08.2021 till 11.11.2021. The second petitioner is his medical attendant. In other words, the visa of the first petitioner is a medical visa whereas the visa of the second petitioner is in the category of medical - 2 visa; he is the attendant of the first petitioner. The medical records indicate that the 1st petitioner had been suffering from cervical spinal cord injuries and paralysis and the third petitioner is designated as Indian host for the purposes of issuance of visa and for registration.

(3.) Now the sequence of events can be stated first. Exts. P2 and P4 visas were issued from Oman by the Embassy of India on 12.08.2021 for a period of 90 days. Accordingly, petitioners 1 and 2 arrived Chennai International Airport on 18.08.2021 and the Immigration Officer, Anna International Airport issued the Exts.P7 and P8 residential permits respectively to petitioners 1 and 2. By virtue of Exts. P7 and P8, they have been authorized to remain in India at the hospital of Dr. Anilkumar G., Vazhakala, PBK Myna road, Ernakulam i.e., the third petitioner. Thus, both of them reached Cochin through Kochi International Airport on 19.08.2021. The statement of facts indicate that they had reached the third petitioner hospital at 2.30 P.M., and at 5.51 P.M. itself, the matter was intimated to the Assistant Commissioner of Police, Special Branch, Ernakulam. According to the petitioners, going by the residential permits, Exts. P7 and P8, they have to report before the Superintendent of Police, Cochin. But that address is not specific. Anyhow, the petitioners contend that immediately on arrival, the second respondent was contacted and the office of the second respondent informed the third petitioner that the Special Branch, Ernakulam is the designated authority. Accordingly, the third petitioner hospital contacted the Special Branch, Ernakulam by telephone and informed them of the arrival of petitioners 1 and 2, within 24 hours. The Special Branch asked the third petitioner to e-mail the photographs of the petitioners 1 and 2 along with the residential permits to the e-mail id of the Assistant Commissioner of Police, Special Branch, Ernakulam. Accordingly, on 19.08.2021, the third petitioner sent the photographs and other documents to the e-mail account of the Assistant Commissioner, Special Branch, Ernakulam, which is evident from Ext.P10. According to the petitioners, officers of the Special Branch, Ernakulam had visited the petitioners 1 and 2 at the third petitioner hospital on the next day itself and regularly thereafter, which is evident from the CCTV feed maintained in the Hospital.