Kerala High Court orders repatriation of two Sri Lankan siblings detained for two years

The Kerala High Court recently directed authorities to take immediate steps to facilitate the return of two Sri Lankan nationals, including a minor, who had been detained in a transit home in Kollam for more than two years despite not being accused in any criminal case.

Justice Bechu Kurian Thomas observed that the continued detention of the two siblings aged 20 and 17 will amount to a deprivation of their right to life and liberty.

“Since there is no dispute from the side of the respondents to the petitioners’ exit, and they are also not wanted by any investigating agency in the country, I am of the view that the petitioners ought to be permitted to leave India at the earliest. The continued detention of the petitioners in India will amount to a deprivation of the right to life and liberty of the petitioners,” the order read.

The court further directed the Foreigners Regional Registration Officer to initiate necessary steps to issue an exit permit and other travel documents at the earliest to enable their return to Sri Lanka as their visas had expired.

Background

• The parents of the two siblings were arrested by the National Investigation Agency in a criminal case.
• The two siblings were also taken into custody along with their parents. Thereafter, they were detained at Gandhibhavan International Trust, Pathanapuram, Kollam, which is a Transit Home.
• Since then they have been continuing in the said Transit Home for the last more than two years.
• They approached the court seeking a declaration that their detention was unconstitutional and also sought a direction for steps to facilitate their return to Sri Lanka.

Source: The Indian Express