RAJALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(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:

(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 five persons, viz., (1) Sivalingam @ Elango, (2) Jayaraj @ Senthilkumar, (3) Dheepan @ Pratheepan, (4) Prabhu @ Pratheepan and (5) Deva @ Sreeswararaja, to be delodged from the Special Camp at Trichy and therefore, Radhakrishnan also deserves to be so delodged. In support of this contention, he placed strong reliance on the unreported judgment of a Division Bench of this Court in S. Jayachandran vs. State and 2 others HCP No. 1381 of 2020 decided on 19.08.2020.