R I JABARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a citizen of india residing at Madras. His brother by name Mr. Rajiah John Premkumar was born and brought up in India. Later, he acquired citizenship of France and admittedly, he is no more a citizen of India. He resides in france. He holds French Passport bearing no. 03tf 750 95. Most of his relatives and family members reside in India. He has got a valid multiple entry visa dated 03. 11. 2003 issued by Indian High Commission in london, which expired on 02. 11. 2008.

(2.) MR. Rajiah John Premkumar came to india by flight No. LH 758 on 19. 02. 2008. But his landing at Chennai Airport was refused by the second respondent. He was served with an order of the second respondent directing the airport authorities to remove him by the same flight. Accordingly, he was deported to France by the same flight. The petitioner came to know that the first respondent had earlier issued an order restricting the petitioner's brother's entry into india without prior permission from the first respondent. However, the said order of the first respondent was not served on the brother of the petitioner.

(3.) THEREAFTER, the petitioner filed crl. O. P. No. 6511 of 2008 under Section 482, cr. P. C. , before this Court challenging the said order of the second respondent. When the matter was listed for final hearing, the second respondent produced the circular order of the first respondent in Prior Reference category (S. 1) Circular No. 1/96, dated 03. 10. 1996 directing that visa or transit visa for India in favour of the brother of the petitioner should not be granted without prior reference to the Government of India. The said circular is under challenge in this writ petition.