A RAHUL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this writ petition, an Advocate for Chandraprakash Gajurel, a member of the Communist Party for Nepal (Maoist), hereinafter described as the prisoner, seeks for a Mandamus to permit a legal delegation from Europe comprising of three named individuals and the petitioner, to have interview with the prisoner.

(2.) THE petitioner was arrested on 20. 8. 2003 at Chennai Airport for the alleged offences punishable under Sections 468 and 471 of I. P. C. read with Section 12 (1) (b) (d) of the Passport Act.

(3.) EVEN earlier, the petitioner had filed W. P. No. 27620 of 2003 to forbear the Union of India from in any manner deporting the prisoner without following the provisions under the Indian Extradition Act, 1962 and in W. P. M. P. No. 33761 of 2003, this Court had issued orders that the respondents shall not consider the request for his deportation without further orders of this Court. It is also stated that even on an earlier occasion, when a delegation of lawyers from Germany visited the Central Prison, Chennai on 26. 3. 2004, they were permitted to have an interview vide G. O. Rt. No. 1369 (Home) Department dated 25. 3. 2004. According to the petitioner, the said delegation was assisting the petitioner in seeking asylum to the petitioner from the United Nations High Commission for Refugees, Geneva (UNHCR ). The application before the Commission was pending.