'Continued Detention Deprives Right To Life': Kerala High Court Orders Repatriation Of Srilankans Detained In Transit Home For More Than 2 Yrs

The Kerala High Court recently directed the repatriation of two Srilankan citizens, who are the children of the accused persons in two cases being investigated by the National Investigation Agency (NIA).Justice Bechu Kurian Thomas was considering the plea preferred by the petitioners seeking a declaration that their continued detention in the Transit Home after a period of more than 2 years was illegal.After their parents' arrest, the petitioners were also taken into custody and put in the transit home. Their visas expired while they were in India. Subsequently, by a 2022 order, while considering the bail pleas of their parents, the High Court had directed the State government to make sure that the petitioners stay in the transit home until further orders.The Foreigners Regional Registration Officer filed statement affirming the above and submitted that there is no objection to initiate the petitioners' repatriate them if they are not needed for any further investigation.The Deputy Solicitor General of India (DSGI) submitted that there is no objection to the petitioners exiting the country since there are not wanted for enquiry or investigation by any investigation agency.The Court then directed that the petitioners be permitted to leave at the earliest:"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."Noting that their visas have expired, the Court directed the Foreigners Regional Registration Officer to take steps, within 2 weeks, to issue an exit permit and other travel documents to enable their return to Sri Lanka.Thus, it allowed the plea.Case No: WP(C) No.44831 of 2025Case Title: Thenu Jeyapriyan and Anr. v. The Foreigners Regional Registration Officer and Anr.Citation: 2026 LiveLaw (Ker) 39Counsel for the petitioner: Niharika Hema RajCounsel for the respondents: O.M. Shalina - Deputy Solicitor General of India Click to Read/Download JudgmentClick to Read/Download 2022 Order

'Continued Detention Deprives Right To Life': Kerala High Court Orders Repatriation Of Srilankans Detained In Transit Home For More Than 2 Yrs

K. Salma Jennath

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