Madras High Court
Kumaran @ Udhayakumar vs The State Rep. By Its on 20 August, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, J.Sathya Narayana Prasad
W.P(MD) No.15951 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 20.08.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD) No.15951 of 2024
Kumaran @ Udhayakumar ... Petitioner
Vs
The State Rep. by its
1.The Secretary,
Public (Foreigners – II) Department,
Secretariat,
St. George Fort,
Chennai - 600 009.
2. The Commissioner,
Commissionerate of Rehabilitation and Welfare of Non Resident Tamils,
Ezhilagam,
Kamrajar Salai,
Chennai – 600 005.
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W.P(MD) No.15951 of 2024
3. The District Collector,
Incharge of Trichy Special Camp,
Trichy District,
Trichy.
4. The Union of India,
Represented by its Principal Secretary,
Ministry of Home Affairs,
New Delhi 110 001.
5. The Foreigners Regional Registration Officer,
Bureau of Immigration (MHA),
Government of India,
Shastri Bhavan Annexe, Chennai 26,
Haddows Road, Nungambakkam,
Chennai 600 006.
6. The Deputy Inspector General of Police,
Intellignece (Internal Security),
Chennai - 04. ... Respondents
(R4 to R6 are suo motu impleaded vide Court Order
dated.24.07.2024 in W.P(MD).15951/2024.
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the 1st
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W.P(MD) No.15951 of 2024
and 3rd respondents to release the petitioner from Special Camp, Trichy
temporarily for a period of 6 months from 25th July 2024 to 25th January
2025 for the purpose of marriage and to permit the petitioner to stay
under the supervision of the 2nd respondent.
For Petitioner : Mr. D.Mario Johnson
For Respondents : Mr.A.Thiruvadi Kumar – for R1 to 3
Additional Public Prosecutor
Mr.K.Govindarajan, - for R4 to R6
Deputy Solicitor General
ORDER
The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the respondents 1 and 3, the Secretary, Public (Foreigners - II) Department, Secretariat, St. George Fort, Chennai
- 600 009 and the District Collector, In-charge of Trichy Special Camp, Trichy, to release the petitioner Kumaran @ Udhayakumar, aged about 43 years, son of Selliah, now confined in Special Camp, Central Prison Campus, Trichy, for a period of 6 months from 25th July 2024 to 25th January 2025 for the purpose of his marriage. 3/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024
2. Even at the outset, we would like to place on record that the writ petitioner claims that he is to marry one Komalavathy, a Srilankan Tamil lady who has been living in France.
3. During the course of hearing, the learned counsel for the petitioner stated that Komalavathy had come down to Trichy and residing at No.11 Subramanian Nagar, 3rd Street, Iyyappa Nagar, K.K. Nagar, Trichy and that she would be going back to France on 01.09.2024. This would effectively mean that even if any orders are passed permitting the marriage of the petitioner with Komalavathy, the said marriage should take place on or before 31.08.2024. It is for that reason, some urgency had been shown by the learned counsel for the petitioner in disposing of the Writ Petition.
4. It must also be appropriate to point out that the petitioner had been categorized as a member of LTTE and had been arrested by the Srilankan Security Forces on 18.05.2009. He had been incarcerated under the Prevention of Terrorism Act and after languishing in the prison and camps for more than 2 years, he was finally released on 30.09.2011. 4/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024 He had to flee to India on 01.05.2014. He had been arrested on 25.10.2017 by the Tamil Nadu 'Q' Branch Police and remanded to judicial custody. There were 4 criminal cases registered against him and order in G.O.No.S.R.III/1352-2/2017 dated 04.12.2017 was issued against him by the first respondent, Public (Foreigners) Department of the Tamil Nadu Government to confine him at Special Camp at Trichy under Section 3(2) (e) of Foreigners Act, 1946.
5. On an earlier occasion, the Division Bench of this Court by an order dated 24.07.2024 had also suo motu impleaded respondents 4, 5 and 6, the Union of India represented by the Principal Secretary, Ministry of Home Affairs, New Delhi, the Foreigners Regional Registration Officer, Bureau of Immigration, Government of India, Chennai and the Deputy Inspector General of Police Intelligence (Internal Security) Chennai.
6. Mr.K.Govindarajan, learned Deputy Solicitor General of India, had taken notice for the newly impleaded respondents. But it had now been stated that the petitioner is still under the effective control of 5/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024 the respondents 1 to 3 and more particularly, under the direct supervision of the Regional Special Deputy Collector, who is in-charge of the Special Camp at Trichy.
7. Though we acknowledge the presence of Mr.K.Govindarajan, learned Deputy Solicitor General of India, the views of Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor in the issues raised are taken on record.
8. The learned counsel for the petitioner made a fervent appeal that the petitioner may be permitted to marry Komalavathy and that some time could be granted for him to spend with her after marriage.
9. The respondents had taken time to get instructions.
10. A Memo dated 20.08.2024 had been filed today by the learned counsel for the petitioner. An assurance has been held out that in view of the shortage of time though an affidavit from the petitioner could not be obtained immediately, but that the petitioner would also file an 6/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024 affidavit on similar lines before the Regional Special Deputy Collector, who is in-charge of Special Camp, Trichy. The said Memo is recorded in its entirety :
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11. The learned counsel for the petitioner stated that to the extent possible, all details about Komalavathy had been disclosed including her contact number and her Whatsapp Number. An undertaking had also been given that the petitioner would comply with any condition imposed by this Court.
12. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor was quite apprehensive about the petitioner being let out of the Camp and stated that there must be strict regulation put in place to ensure that the petitioner does not abscond from the judicial process and that, he returns back to Camp on expiry of the time period stipulated by this Court.
13. We have given our careful consideration for the submissions made.
14. Taking into consideration the reasons stated that the petitioner would like to marry Komalavathy, which reason we should 8/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024 respect and cannot dispute or even deny that particular opportunity to him without any reasonable ground, we would put on record the following conditions :
i)The petitioner must file an affidavit giving the address where he would be staying, though it had been mentioned in the Memo and also giving the name of the person who is the owner of that particular house;
ii) In the affidavit, the petitioner must also disclose the place where his marriage is to be conducted and also give the list of persons who would be attending the said marriage and their relationship with him and how they were known to him or to Komalavathy;
iii)Among those who so attend the marriage, he must disclose whether all of them are Indian Nationals or Nationals of any other country including Srilanka;
iv)Though an address had been given at K.K.Nagar, Trichy, an undertaking must be given that he would not shift out of that address to any other address during the period of leave;
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v) Two sureities who are Indian Nationals with their photographs and original documents relating to their identiy, are to be produced before the Regional Special Deputy Collectgor, In-charge of Special Camp, Trichy and they must also sign before the said Officer acknowledging their identity and also give their addresses and whether they are residing in their own residence or as tenants in that particular residence. Complete details of the said two sureities must be disclosed;
vi) The Regional Special Deputy Collectgor, In- charge of Special Camp, Trichy, may also take the assistance of the local jurisdictional Police to provide shadow escort to the petitioner during the period of leave;
vii) During the leave period, the petitioner must also give an undertaking that he would sign before the jurisdictional Police which we are informed is K.K. Nagar Police Station, Trichy, everyday at 10.30 a.m;
viii) The Regional Special Deputy Collectgor, In- charge of Special Camp, Trichy may also provide 10/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024 minimum shadow escort to the convict from the Central Prison at the time when he leaves the prison and till such time, he is taken back to the prison.
ix) It is clarified that the cost involved in providing escort shall be borne by the petitioner.
x) If an escort is provided, let it be very minimum and the escort may be in plain clothes and keep a distance away and not be visible to any of the guests who come and attend the wedding or even in the temple or to visitors to the temple. The escort may have a shadow over the petitioner.
xi) This period of leave will be from 23.08.2024 till 31.08.2024 (9) days.
xii) The petitioner shall be released from the Prison at 10.00 a.m., on 23.08.2024 and he shall return back to the Prison at 05.00 p.m., on 31.08.2024 and report before the Regional Special Deputy Collectgor, In-charge of Special Camp, Trichy 11/14 https://www.mhc.tn.gov.in/judis W.P(MD) No.15951 of 2024
15. In view of the above directions issued, this writ petition stands disposed of in accordance with the above directions.
(C.V.K., J.) (J.S.N.P, J.)
20.08.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
Note : Issue Order copy on 21.08.2024
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W.P(MD) No.15951 of 2024
To
1.The Secretary,
Public (Foreigners – II) Department, Secretariat, St. George Fort, Chennai - 600 009.
2. The Commissioner, Commissionerate of Rehabilitation and Welfare of Non Resident Tamils, Ezhilagam, Kamrajar Salai, Chennai – 600 005.
3. The District Collector, Incharge of Trichy Special Camp, Trichy District, Trichy.
4. The Union of India, Represented by its Principal Secretary, Ministry of Home Affairs, New Delhi 110 001.
5. The Foreigners Regional Registration Officer, Bureau of Immigration (MHA), Government of India, Shastri Bhavan Annexe, Chennai 26, Haddows Road, Nungambakkam, Chennai 600 006.
6. The Deputy Inspector General of Police, Intellignece (Internal Security), Chennai 04.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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and J.SATHYA NARAYANA PRASAD, J.
RM W.P(MD) No.15951 of 2024 20.08.2024 14/14 https://www.mhc.tn.gov.in/judis