Kerala High Court Permits 'Honourably Acquitted' Irish Citizen To Visit Ailing Mother Abroad, Says Prospective Appeal No Ground To Detain Him

The petitioner, an Irish citizen whose acquittal by Magistrate Court was confirmed by the High Court had sought liberty to go back to his country to visit his ill mother.

Justice Devan Ramachandran observed that the Irish citizen cannot be detained in India for the sole reason that the authorities intend to prefer an SLP before the Apex Court against his honourable acquittal.

“However, it must be borne in mind that Ext.P2 judgment was delivered on 04.12.2023 and normally, the 4th respondent would obtain 60 or 90 days – depending upon whether they had requested for leave before this Court – to challenge the same. But, during this time, it is evident that the petitioner remains exonerated and it would be not within the design of the forensic scheme that he be detained without any viable reason.”, the Court stated.

The petitioner was charged alleging offences under the Customs Act and he was acquitted honourably by the Courts. His passport was also released by the Court and there were no pending criminal charges against him. He has approached the Court since the Foreigners Regional Registration Office refused to issue an Exit Permit for him to travel back to his country.

The Counsel for the petitioner submitted that he needed to travel back to his home country to visit his old mother who was ill. It was also argued that the petitioner was only orally informed that he would require a No Objection Certificate from the Assistant Commissioner of Customs for the issuance of an Exit Permit.

On the other, the Counsel for the respondents submitted that they intend to file a Special Leave Petition before the Apex Court against his honourable acquittal and therefore he cannot be permitted to travel back to his home country. It was argued that the petitioner's presence could not be ensured if an SLP was preferred since there was no extradition treaty between the Republic of Ireland and India.

The Court found that there were no pending criminal charges against the petitioner as of now. It noted that two courts have already honourably acquitted him. It observed that the petitioner was exonerated of all charges now and there was a gap of sixty or ninety days before leave was obtained for preferring an SLP. It stated that there were no other viable reasons for detaining the petitioner in India. 

“In the afore circumstances and because this Court cannot find the stand of the 4th respondent - that the petitioner should continue to be detained, solely because they intend to file a Special Leave Petition against Ext.P2 judgment, to be tenable, I am certain that he is entitled to relief”, stated the Court.

The Court also took note of the fact that the petitioner had travelled earlier twice to Ireland during the pendency of legal proceedings and he has returned back abiding by the orders of the Court.

Accordingly, the Court directed the authorities to issue necessary permits for the petitioner to travel back to his home country without any avoidable delay, subject to to all other statutory and imperative requirements being satisfied.

Counsel for the Petitioner: Advocates Saiby Jose Kidangoor, M.S.Sajeev Kumar Lakshmi S Kumar A.N.Jyothilekshmi

Counsel for the Respondents: Standing Counsel Sreelal N Warrier, DSGI S Manu

Citation: 2024 LiveLaw (Ker) 24

Case title: Edwin Andrew Minihan v Union of India

Case number: WP(C) NO. 42444 OF 2023

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