PREMAVATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This judgment will dispose of H.C.P. Nos. 1038, 1111, 1118, 1119,1120, 1121, 1122, 1123, 1085, 1170 and 1226 of 2003 as common question of law and also the facts are involved therein. Common arguments were also laid. While H.C.P. Nos. 1118, 1119, 1120, 1121, 1122, 1123, 1085, 1170 and 1226 of 2003 have been argued by Shri B. Kumar, learned senior counsel, Shri P.V.S. Giridhar, learned counsel argued H.C.P. Nos. 1038 and 1121 of 2003.

(2.) All the petitions are in the nature of habeas corpus petitions and seeking the liberty of the petitioners from the Special Camp, Chengalpattu, wherein they are lodged being Sri Lankan refugees and treating them as foreigners under Section 3(2)(e) of the Foreigners Act. In all the writ petitions the orders, putting them in the Special Camp, passed by the respondent State Government, are also challenged.

(3.) All these writ petitioners are the citizens of Sri Lanka and they came to India. There has been a constant influx of SriLankan citizens as, the political situation in Sri Lanka had become volatile and unsafe. None of them entered the Indian territory with valid documents and after coming to India they were registered as 'refugees' and were put in the camps set up for the Sri Lankan refugees along with their families. The present petitioners are, however, directed to be kept in the Special Camp, which is set up at Chaengalpattu in what was earlier a Sub-Jail. It is a common ground again that practically all the petitioners have been involved in criminal cases. In some of the cases, the investigation is pending while, in some others, it is completed and the charge-sheet is also filed. In some of the cases, even the trial has commenced. Few of the petitioners are facing the trials for offences under Sections 465, 475, IPC and against one of them even the offence under Sections 489A, 489B, 489C, 489D, IPC read with Section 12(l)(c) of the Passport Act is alleged, Practically , all of them are facing the prosecution under Sections 12(l)(b) and 12(l)(c) of the Passport Act. The allegations against them are of various nature. Few of them have been found to be in possession of forged documents. Some others have been found in possession of fake rubber-stamps of Ramnad and Madurai District Collectors. Some have been found in possession of forged credit cards. Others have been found in possession of forged Passports of various countries like Italy, France, Sri Lanka, etc. some others have also been found in possession, of fake Amercian Dollars. Some have also been found in possession of jewels purchased by using forged credit cards. They have been picked up from various places in Tamil Nadu. In short, all the petitioners are involved in serious crimes.