JANARAJAN ALIAS KRISHNAMURALI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Court made the following order: THE petitioner was arrested on 21. 1. 2005 for the alleged offences punishable under Section 13 (1) of Unlawful Activities (Prevention)Act, 1967 and Section 14 of Foreigner Act read with Section 3 (2) of Foreigners order 1948.

(2.) HEARD both sides as well as the counsel for the intervener.

(3.) FURTHER he has referred to Sections 3 and 14 (b) of the foreigners Act, 1946 and Order 3 (1) and (2) of the Foreigners Order, 1948 to show that since the petitioner entered into the territory of India without a valid passport or visa and that too in violation of the permission regarding point of entry into the country, he has been prosecuted. FURTHER he has submitted that the foreigners, like the petitioner, when convicted are likely to be deported after serving the sentence in accordance with law and he has referred to the decision Bisharat Ali Rajut v. Union of India, 2003 (12) SCC 215, in support of such contention. Similarly, even otherwise persons coming to india without passport, visa, etc. have to be identified, detained and deported from the country and since the petitioner has no legal right to stay in the country without valid passport, visa, he cannot be enlarged on bail. He has cited the decisions A. I. Lawyers Forum for Civil Liberties v. Union of India, 1999 (9) SCC 281 and A. I. Lawyers Forum for Civil Liberties v. Union of India, 1999 (5) SCC 714, in support of such contentions.