Research › Search › Judgment

Madras High Court · body

2019 DIGILAW 2695 (MAD)

Sanga Sirantha v. State Rep By Its Home Secretary Government of Tamilnadu St. George Town Chennai

2019-10-03

N.ANAND VENKATESH, S.VAIDYANATHAN

body2019
JUDGMENT : S. Vaidyanathan, & N. Anand Venkatesh, JJ. Pursuant to the orders passed by this Court on 19.09.2019, the case was posted today for further hearing. 2. The learned Additional Advocate General appearing on behalf of the State placed before this Court, various communications that had taken place between the Superintendent of Police, Ramanathapuram District to the Director General of Police, Tamil Nadu and the communication of the Director General of Police, Tamil Nadu to the Principal Secretary to Government (FAC), Public (SC) Department and the communication from the Deputy Inspector General of Police, Intelligence (Internal Security) to the Joint Director(International Liaison), Ministry of Home Affairs, New Delhi. 3. The learned Additional Advocate General by bringing to the notice of this Court all the above communications, submitted that, effective steps are being taken by the police to gather all the information and file a report before this Court, in accordance with the earlier order passed on 19.09.2019. 4. We had called for the report from the learned Judicial Magistrate, No-II,(F.A.C.) Ramanathapuram. The report has been received. The relevant portions in the report is extracted herein:- “(3) I would beg to submit that, after hearing the learned Assistant Public Prosecutor and 20 documents filed in support of the case, an order was passed allowing the petition on 13.08.2019. Further, since the charges were not framed against the accused, they were discharged from the case in the above said order. I would beg to submit that, since the accused were under the Judicial Custody the order was sent to Central Prison, Puzhal, Chennai for intimation purpose on 14.08.2019 through police. I would beg to submit that, the learned Assistant Public Prosecutor applied certified copy of the order on 14.08.2019 and the same was granted on 16.08.2019. (4) I would beg to submit that, in the said order I have narrated the averment of the petition filed by the police, the reasons for which it has been filed, I was under the bona-fide impression that at the time of releasing of the accused, the Jail authorities would inform to the “Q” Branch which is functioning at the Central Prison, Puzhal, Chennai itself. As both the accused belong to Srilanka and are not having Passport. For proper procedure to be followed for deportation as per Sec.3(1) and Sec.3(2)(e) of the Foreigners Act, 1946 by the police. As both the accused belong to Srilanka and are not having Passport. For proper procedure to be followed for deportation as per Sec.3(1) and Sec.3(2)(e) of the Foreigners Act, 1946 by the police. Further the investigation agency i.e. the Inspector of Police, Kenikkarai Police Station, Ramanathapuram has to take steps for deportation through the Central Government. Since the petition has been filed u/s 321 of Cr.P.C seeking consent of the Court for withdrawal from prosecution I have ordered accordingly as prayed for, hence I have not mentioned about the handing over of the accused persons to the concerned police who, in turn will hand over them to Sri Lankan embassy in the above said order. (5) I would beg to submit that, non-mentioned about the handing over of the accused persons to the concerned police who, in turn will hand over them to Sri Lankan Embassy in the said order is neither willful nor wanton, only due to the reasons stated above.” 5. The Despatch Register that was called for along with the entire original records were also sent to this Court. It is seen from the Despatch Register that the order has been communicated through a Constable of Police to Puzhal Jail on 14.08.2019 itself, to the Superintendent of Prisons, Central Prison - II, Puzhal, Chennai. 6. The Superintendent of Prisons, Central Prison - II, Puzhal, Chennai had earlier filed an affidavit before this Court, wherein he had stated that the Additional Public Prosecutor received the copy of the order on 19.08.2019 and it was sent to the concerned police on 21.08.2019 and in the meantime, the accused persons were released from the Central Prisons-II Chennai on 18.08.2019 itself. 7. Considering the seriousness of this case, this Court passed the earlier order on 19.09.2019 and order copy was also made ready on the same day. Unfortunately, the first communication that has been sent from the office of the Superintendent of Police was only on 30.09.2019. The Ministry of Home Affairs has been communicated only on 01.10.2019. It is not known as to why it took 10 days for the Superintendent of Police, Ramanathapuram District to communicate with the Director General of Police, Tamil Nadu. The communication itself has started only three days before the case is posted today and 02.10.2019 also happens to be a declared holiday. Therefore, nothing meaningful could have happened within such a short time. 8. The communication itself has started only three days before the case is posted today and 02.10.2019 also happens to be a declared holiday. Therefore, nothing meaningful could have happened within such a short time. 8. This Court is not happy with the manner in which the Superintendent of Police had sat over the order for nearly 10 days, without even communicating to the concerned officials. The case in hand is really serious, since the whereabouts of the two accused persons, who had gone away from the jail is yet to be clarified. We cannot merely act upon the media reports or videographs that are shown before this Court, wherein, one of the person is said to have surrendered before the Court in Sri Lanka. In this regard, an official communication is yet to be received and till then, this Court has to presume that the two accused persons are still in India. 9. In such a case, it will not be in the interest of the safety and security of the State / Country, to allow the dreaded criminals continue to remain at large, without being nabbed. This delay on the part of the Superintendent of Police, Ramanathapuram only shows inaction on his part and it looks like the order has not been taken with seriousness, as was expected by this Court. 10. Any untoward incident, if it happens, through these two accused persons, will result in throwing the entire blame on the Police and the Judiciary, since the accused persons were released pursuant to the orders of discharge passed by the learned Judicial Magistrate, Ramanathapuram. We are more concerned about the safety and security of the innocent citizens and that is only the reason why this Court is going that extra yard to seek for the information regarding the whereabouts of the two accused persons. 11. Atleast now, the Superintendent of Police, Ramanathapuram District is instructed to give top priority to this case and comply with the orders passed by this Court on 19.09.2019. We expect the report to be submitted before this Court during the next date of hearing and this Court directs the Superintendent of Police, Ramanathapuram District to be present before this Court during the next date of hearing. This is only to enable this Court to get all the particulars in this case from the Superintendent of Police, Ramanathapuram District, as is required. 12. This is only to enable this Court to get all the particulars in this case from the Superintendent of Police, Ramanathapuram District, as is required. 12. Taking into consideration the facts and seriousness involved in this case, the Union of India- External affairs Ministry and Union of India- Home Ministry, are suo moto impleaded as respondents in this case. A copy of this order shall be marked to the added respondents and a copy of the entire set of papers in this case along with the various orders passed by this Court shall be handed over to Mr.V.Kathirvelu, learned Assistant Solicitor General, for him to take necessary instructions from the concerned Ministry. 13. Post the case for passing further orders on 15.10.2019.