HC directive to Magistrate, cops on HCP by 2 SL nationals

The Madras High Court on Thursday directed Tamil Nadu police and administration officials to file an affidavit on a plea by two Sri Lankan nationals, facing murder charges in their country, to produce them in the court for deportation.

The petitioners also wanted the court to issue directions to hand them over to the Sri Lankan Deputy High Commissioner in Chennai.

The Sri Lankan government had requested India to deport the petitioners Mohammed Saffaras and Sanga Sirantha after they fled their country, while out on bail, and reached Tamil Nadu illegally in 2017.

Cases were registered against them under the Foreigners Act and various sections of the Indian Penal Code (IPC).

Following a recommendation to deport them to the neighbouring country, the case that was pending against them in a judicial magistrate court in Ramanathapuram was withdrawn recently.

An intimation in this connection from the magistrate was sent to the Superintendent of Police of Puzhal prison in Chennai where the two were lodged.

The official, who misconstrued the court order, released the two Sri Lankan nationals on August 18 following which they filed the habeas corpus petition in the high court seeking to produce them before the Sri Lankan Deputy High Commission.

A habeas corpus plea is a petition which is filed to ensure a person under arrest is brought before a court which will determine whether the detention is legal.

When the plea came up, a division bench of Justices M Sathyanarayanan and B Pugalendi wondered how could the two be released when they were facing charges of illegal entry into India and faced prosecution under Foreigners Act and sections of the IPC.

The judges then directed the Ramanathapuram Superintendent of Police to personally remain present before the court on Friday to assist it.

However, presence of the Judicial Magistrate No II, Ramanathapuram and the assistant public prosecutor were dispensed with.

The court directed two senior Tamil Nadu police officials and a magistrate among others to file an affidavit on their plea.

Judicial Magistrate No II, R Radhakrishnan, Assistant Public Prosecutor, T Vijayalakshmi, Superintendent of Police, Q Branch, Dharmarajan, Superintendent of Central Prison, Puzhal-II, Senthamaraikannan and Inspector of Police, Kenikarai Police Station, Ramanathapuram, P Prabhu appeared before it on Thursday.