PUNARJANI CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) Respondents 12 to 14, who are Bangladesh nationals, were subjected to sexual abuse in India and cases registered in connection with the same are pending trial before the Sessions Court (Fast Track-1), Manjeri in S.C.Nos.354 and 443 of 2012. Though the occurrences which are the subject matter of the said cases took place several years back, the trial of the cases are yet to be over. Respondents 12 to 14, in the circumstances, are sheltered by the police at Government Mahila Mandiram, Kozhikkode for the last almost eight years. Respondents 12 to 14 who are living separately from their parents and relatives for the last several years are eager to go back to their country and having regard to their sad plight, the High Commission of Bangladesh in India has already issued travel permits to enable them to go to their motherland. The petitioner is a trust engaged in the rehabilitation of women and children who are subjected to sexual abuses. The case set up by them in the writ petition is that despite the travel permits issued by the High Commission of Bengladesh, respondents 12 to 14 are not permitted to leave India by the fifth respondent, the Foreign Regional Registration Officer of the Government of India on account of the pendency of the criminal cases referred to above. According to the petitioner, respondents 12 to 14 cannot be detained in India for the said reason and if at all their presence is to be secured for the trial of the cases in India, it is for the State to secure their presence by diplomatic intervention. It is also contended by the petitioner that the physical presence of respondents 12 to 14 are not necessary in India for the trial of the cases referred to above and their evidence in the said cases can be secured by video conferencing also. The petitioner, therefore, seeks directions to respondents 1, 2 and 5 to initiate steps to deport respondents 12 to 14 to their country.

(2.) A statement has been filed in this matter by the fifth respondent contending that the presence of respondents 12 to 14 are required in India for completing the trial of the cases referred to in the writ petition and it is on account of the said reason that they were not deported despite the travel permits issued by the High Commission of Bangladesh.

(3.) A statement has been filed by the District Police Chief in this matter, wherein, it is stated that though the trial of the cases referred to in the writ petition are not over, respondents 12 to 14 can be deported with the permission of the court.