YOGESWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The above Habeas Corpus Petition is filed seeking to quash the order passed by the first respondent dated 11.12.2000 under Section 3(2)(e) of the Foreigners Act, 1946 and for a direction to the respondents to set at liberty the petitioner's son Thiru. Anandh @ Anandh @ Geetha Annan, who is hereinafter referred to as the detenu.

(2.) The petitioner is a Sri Lankan citizen. She came to India along with her son, the detenu herein, as a refugee due to the ethnic violence in Sri Lanka during 1983. According to her, she came by lawful means using their Passports. On arrival in India, they registered themselves as refugees and complied with several other formalities required of a refugee from Sri Lanka. The detenu is married and having a three years old daughter. According to the petitioner, on 16.10.2000, four plain clothed men from 'Q' Branch C.B.C.I.D. came to the residence of the petitioner at about 2 pm and took the detenu. Since the petitioner was not aware of the whereabouts of the detenu and persons who took him, initially she had filed a criminal complaint before the J-1 Saidapet Police Station. The case was registered as Crime No.2954 of 2000. Subsequently, the petitioner came to know that a case was registered against the detenu in Crime No.1 of 2000 under Sections 120B, 489A, 489B, 489C and Section 12(1)(c) of the Passport Act read with Section 14 of the Foreigners Act, 1946 and that he was remanded to judicial custody on 25.10.2000. According to her, the detenu was innocent and therefore, she had applied for bail and after the initial rejection of the bail application, upon completion of 90 days and after the filing of the final report by the police, the learned Principal Sessions Judge, Tiruchirapalli ordered release of the detenu on bail in Crl. M.P. No.211 of 2001 on 1.2.2001. As it took some time to comply with the conditions and furnishing of the sureties, when the detenu was about to be released on bail, on 19.2.2001, the C.B.C.I.D. served upon the detenu, the impugned order dated 11.12.2000 and he has been ever since detained in the Special Camp for Sri Lankan Refugees at Chengalpattu. The above H.C.P. is filed against this order.

(3.) When the matter came up for hearing on an earlier occasion, the following order was passed by the Division Bench on 23.9.2002 :-