Madras High Court
A.K.Ahamed Hussain vs Union Of India on 14 December, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.28138 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.28138 of 2019
A.K.Ahamed Hussain ... Petitioner
Vs.
1.Union of India
Rep. by its Secretary,
Ministry of External Affairs,
Government of India,
New Delhi.
2.The Ambassador of India to Qatar,
Embassy of India,
P.O.Box 2788, Doha-Qatar
Email:- [email protected]
[email protected]
[email protected]
3.The Counsellor
Embassy of India,
P.O.Box 2788,
Doha-Qatar
Email:- [email protected]
4.The Second Secretary
Embassy of India,
P.O.Box 2788,
Doha-Qatar
Email:- [email protected] ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
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W.P.No.28138 of 2019
issue a Writ of Mandamus directing the Respondents to provide the
information as requested by is in petitioner email representations sent
through petitioner counsel dated 31.08.2019, 01.09.2019, 03.09.2019
and 05.09.2019 and to further provide all permissible legal assistance
to is for securing the release of petitioner son A.H.Ziauddeen from
detention in Qatar.
For Petitioner : Mr.B.Mohan
For Respondents : Mr.N.Ramesh for R1
Senior Panel Counsel
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the Respondents to provide the information as requested by the petitioner through email representations sent through petitioner counsel dated 31.08.2019, 01.09.2019, 03.09.2019 and 05.09.2019 and to further provide all permissible legal assistance for securing the release of petitioner's son A.H.Ziauddeen from detention in Qatar.
2.The petitioner is the father of one A.H.Ziauddeen who was arrested by the Qatari police in connection with the murder of one 2/6 https://www.mhc.tn.gov.in/judis W.P.No.28138 of 2019 Navaneetham Kumar who is also an Indian national who was found dead in a hotel room on 07.09.2017. After investigation by the Qatari Authorities, the matter was brought before the local Court vide case no.491 of 2018 as against the petitioner's son. At the relevant point of time there was no legal assistance available to the petitioner's son.
Hence, the petitioner has filed this writ petition.
3.The learned counsel appearing for the petitioner submitted that during the pendancy of the writ petition, the case pertaining to the petitioner's son ended in conviction and the Qatar Court imposed sentence for a period of four years and also imposed fine amount of 2,60,000 Qatari Riyals. The learned counsel would further submit that the petitioner is an aged man and no relative is available in Qatar.
Hence, this Court may issue direction to the first respondent/ Secretary, Ministry of External Affairs, to collect the fine amount, deportation charges and other incidental charges from the petitioner and to extend co-operation for release of the petitioner's son.
4.The learned Senior Panel Counsel appearing for the first respondent submitted that the petitioner is not entitled for free legal assistance since the petitioner's son involved in heinous offence, 3/6 https://www.mhc.tn.gov.in/judis W.P.No.28138 of 2019 however, if the petitioner is ready to pay the entire fine amount, deportation charges and other incidental charges as per law, this Court may issue direction to the first respondent and further submitted that demand notice will be issued to the petitioner for payment of the said amount.
5.In view of the above, the first respondent is directed to collect the entire fine amount, deportation charges and other incidental charges from the petitioner and render assistance for release of the petitioner's son, as per law, after the punishment period of the petitioner's son is over.
6.This writ petition is accordingly disposed of. No costs.
14.12.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.28138 of 2019 To
1. Union of India Rep. by its Secretary, Ministry of External Affairs, Government of India, New Delhi.
2.The Ambassador of India to Qatar, Embassy of India, P.O.Box 2788, Doha-Qatar Email:- [email protected] [email protected] [email protected]
3.The Counsellor Embassy of India, P.O.Box 2788, Doha-Qatar Email:- [email protected]
4.The Second Secretary Embassy of India, P.O.Box 2788, Doha-Qatar Email:- [email protected] 5/6 https://www.mhc.tn.gov.in/judis W.P.No.28138 of 2019 M.DHANDAPANI,J.
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