HC dismisses case against deportation of Sri Lankan national
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The Madras High Court has dismissed a case filed against a choice taken by the State authorities in November 2019 to deport a Sri Lankan national going through human trafficking cost in India. It has additionally rejected a plea to allow him to attend an interview on the Embassy of Switzerland in New Delhi for looking for asylum.
Justices P. N. Prakash and R. Pongiappan dismissed a habeas corpus petition filed final 12 months and a writ petition filed this 12 months by Thamarai of Periyar Unarvalargal Kootamaippu in favour of the Sri Lankan national K. Bhaskaran alias Mayuran. The petitioner claimed that the Sri Lankan was going through menace to his life within the island nation.
The litigant had additionally claimed that the Sri Lankan was a refugee who had fled to India after his members of the family had been killed within the final leg of the warfare with the Liberation Tigers of Tamil Eelam (LTTE). It was insisted that the Sri Lankan ought to both be allowed to reside in a refugee camp in India or allowed to take asylum in Switzerland.
On the opposite hand, R. Muniyapparaj, Government Advocate (prison facet), instructed the court docket that Mayuran was not a refugee and that he had travelled between Sri Lanka and India very often. It was dropped at the discover of the court docket that he was concerned within the offence of human trafficking in India.
After recording his submissions, the judges mentioned, it was maybe why Mayuran himself had not chosen to file any petition difficult the deportation order. Wondering if he was even conscious of the current petitions filed by a 3rd individual, the judges directed the Tiruchi Collector to serve a replica of their dismissal order on him.
The court docket additional kept away from imposing prices on the current petitioner after stating that it does wish to be harsh on him.
“The petitioner herein has sworn to an affidavit without disclosing any detail about the cases against Bhaskaran and has merely stated that Bhaskaran is a Sri Lankan refugee. No action can be taken against the petitioner for filing a false affidavit because he would simply wriggle out by saying that he acted on the information collected by him and that he did not know the true facts about Bhaskaran. Thus, we feel that the petitioner is playing truant with the legal system to gain unfair advantage by concealing facts,” the Bench noticed.
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