The Madras HC refused to quash the deportation order of a Sri Lankan Tamil on behalf of whom Habeas Corpus petition and a writ petition was filed claiming deportation of the person claiming danger on his life in Sri Lanka.
The petitioner Thamarai, claiming himself a public-spirited person filed the petition under Article 226 of The Constitution to issue a writ of habeas corpus to call for the records made by the Tamilnadu government dated 20.11.2019 respondent and quash the same as illegal and direct the respondents that include Union of India, State of Tamil Nadu and District Collector Trichy to confine the detenu Bhaskaran @ Mayuran, S/o Kumarasamy, aged 46 years, now at the Special Camp, Tiruchirappalli, on humanitarian grounds. As the order deportation will lead to his murder in Sri Lanka.
The court while hearing found that Bhaskaran is no longer a refugee in India, as he already left the camp in 2010 “ on verification of the available records, it is learnt that he had been in a refugee camp, however, he has left camp on his own accord years back and at present, he is no longer registered as a Sri Lankan Tamil refugee in the records of the Commissionerate. Hence, the claim of the individual that he is still enjoying the refugee status is false.”
Further on the deportation issue the court observed that “In 1994 the Sri Lankan problem was at its peak and much water has flown under the bridge and the final war with the LTTE has ended there”. Therefore, this Court cannot use the said undertaking perpetually to prevent the deportation of a Sri Lankan national out of India.
Further Court also found that against the detenu case of human trafficking is registered, even it doesn’t matter whether against whom the charge will be proved or not, this is the reason why he did not approach the court directly.