Supreme Court Closes Plea By Sri Lankan National For Premature Release After Tamil Nadu Government Arranges For His Return

The Supreme Court recently closed a plea filed by a Sri Lankan citizen for his premature release after being incarcerated in India for over 35 years. The matter was closed on the submission of the Tamil Nadu Government that his release had been arranged for by providing him documents for his travel issued by the Sri Lankan Government.

A division bench of Justice Abhay S Oka and Justice Sanjay Karol recorded in its order:

“Learned Senior Counsel appearing for the State of Tamil Nadu states that the documents issued by the Government of Sri Lanka to enable the petitioner to travel to Sri Lanka have been handed over to the petitioner and in fact, air ticket has been handed over to the petitioner which shows that he is travelling to Sri Lanka on 26.07.2023. A Copy of the ticket is placed on record. Hence, no further orders are required at this stage.”

In March 2023, the Apex Court had pulled up the Tamil Nadu Government for not complying with its earlier direction to consider the premature release of the petitioner.

While considering the petitioner’s premature release based on a 2018 policy, the Top Court had earlier asked the State government to consider his request. In the meanwhile, the Court had ordered for the petitioner to be shifted to an appropriate transit camp.

A division bench of Justice Abhay S. Oka and Justice Ahsanuddin Amanullah, had come down heavily on the State for not adhering to the Court’s earlier order.

“We are shocked to note that though this is a case where the petitioner has undergone incarceration for more than 33 years, such a simple order is not complied with by the respondent-State Government. Today we are avoiding temptation to initiate action under the Contempt of Courts Act, 1971. However, on the failure of the State Government to comply with the above order within 24 hours from now, a strict action will be called for. Time to take decision in terms of paragraph 8 of the order dated 24th February, 2023 is extended by a period of three weeks.”

The petitioner had been sentenced with life imprisonment and had undergone about 35 years of incarceration. It was the petitioner’s case that for the grant of pre-mature release in terms of Policy dated 1st February, 2018, his application was considered. Through an order dated February 12, 2021, his prayer was rejected on two grounds: first, the seriousness of the crime committed and second, trials of the co-accused were separated. So, pre-mature release of the petitioner would be a hindrance to a fair trial.

Referring to an earlier affidavit filed by the State Government, the Court had previously noted that the petitioner’s conduct in jail was satisfactory. The Court referred to the 2021 order and had recorded that it is essential to ascertain whether the petitioner has been involved in any other crime. On the petitioner’s prayer, the Union of India through the Ministry of Home affairs has been impleaded with a view to ensure that after the petitioner’s pre-mature release, he returns to his home country, which was subsequently confirmed.

Case Title: Rajan vs State of Tamil Nadu, Writ Petition (Criminal) No.485/2021

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