Nalin Sathuranga v. The Ministry Of External Affairs
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. Nos. 238, 170 and 149 of 2025 W.P. Crl. No. 238 of 2025
1. Nalin Sathuranga S/O Chandrasena, PID No.380209, Remand Prisoner, Central Prison - 2, Puzhal, Chennai - 600066.
Petitioner Vs
1. The Ministry of External Affairs New Delhi-110001.
2.The Deputy High Commission of Srilanka No.56, Sterling Road, Nungambakkam, Chennai - 600034.
3.The Deputy Inspector General of Prisons Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600008.
4.The Superintendent of Prison Central Prison - 2, Puzhal, Chennai - 600066. Respondent(s)
W.P. Crl. No. 170 of 2025
1. Pushparaj S/o.Balachandran, PID No.338521, Remand Prisoner, Central Prison-2, Puzhal, Chennai-600 066.
Petitioner Vs
1. The Ministry Of External Affairs, New Delhi-110 001.
2.The Deputy High Commission Of Srilanka, No.25, Sterling Road, Nungambakkam, Chennai-600 034.
3.The Deputy Inspector General Of Prison, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.
4.The Superintendent Of Prison, Central Prison-2, Puzhal, Chennai-600 066.
Respondent(s) W.P. Crl. No. 149 of 2025
1. Sujanthan S/o.Chokkalingam, PID No.239635, Remand Prisoner, Central Prison-2, Puzhal, Chennai-600 066.
Petitioner
Vs
1. The Ministry of External Affairs, New Delhi-110 001.
2.The Deputy High Commission of Srilanka, No.56, Sterling Road, Nungambakkam, Chennai-600 034.
3.The Deputy Inspector General of Prisons, Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai-600 008.
4.The Superintendent of Prisons, Central Prison-2, Puzhal, Chennai-600 066.
Respondent(s) PRAYER IN W.P. Crl. No. 238 of 2025:- The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent 3 and 4 to arrange consular visits and allow embassy grievance redressal for the petitioner namely, Nalin Sathuranga S/o Chandrasena aged 45 years PID No.380209, Remand Prisoner, Central Prison - 2, Puzhal, Chennai - 600066. PRAYER IN W.P. Crl. No. 170 of 2025:- The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 3 and 4 to arrange consular visits and allow embassy grievance redressal for the petitioner namely Pushparaj, S/o.Balachandran (aged 45 years) PID No.338521, Under Trial Prisoner, Central Prison-2, Puzhal, Chennai-600 066.
PRAYER IN W.P. Crl. No. 149 of 2025:- The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent 3 and 4 to arrange consular visits and allow embassy grievance redressal for the petitioner Sujanthan (aged 42 years), S/o.Chokkalingam, PID No.239635, Remand Prisoner, Central Prison-2, Puzhal, Chennai-600 066. For Petitioner(s) in all W.Ps. :
Ms. S.Nadhiya For Respondent(s):
in all W.Ps.
Mr. M. Maharaja for R1 Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 to R4 COMMON ORDER (Order of the Court was made by J.NISHA BANU, J.) The Writ Petitions have been filed for the issuance of a Writ of Mandamus directing respondent Nos.3 and 4 to arrange consular visits and to allow embassy grievance redressal for the petitioners namely, (1) Nalin Sathuranga S/o.Chandrasena, PID No.380209, Remand Prisoner, (2) Pushparaj, S/o.Balachandran, PID No.338521, Under Trial Prisoner, and (3) Sujanthan, S/o.Chokkalingam, PID No.239635, Remand Prisoner at Central Prison-2, Puzhal, Chennai.
2. On perusal of the records, it is seen that this Court, vide order dated 11.07.2025, had passed the following order:- Under Rule 531 of the Tamil Nadu Prison Manual, the Superintendent of Prison is mandated to inform the Ministry of External Affairs, Government of India, New Delhi, as well as the Consulate / Mission concerned about the confinement of a foreign national in their prison. In the instant case, the jail authorities had not followed the mandatory procedure provided for under Rule 531 and only after filing of the present writ petition and pursuant to our directions, the jail authorities has informed the Ministry of External Affairs alone, with regard to imprisonment of the Sri Lankan foreign nationals. However, no information has been given to the Consulate / Mission.
2.We are also appraised that the jail authorities have not informed the Consulate / Mission of the other foreign prisoners also. Since there is a mandatory requirement for such information to be given to the Consulate Generals of the respective countries of the foreign prisoners, the Superintendent of Prisons shall strictly adhere to the procedure contemplated under Rule 531 henceforth. 3.The learned Additional Public Prosecutor, on instructions submitted that they will take immediate steps to inform the Consulate General of Sri Lanka and other Consulates also, about the confinement of foreign prisoners in their prison.
4.The statement is hereby recorded. For recording compliance of this order, post the matter on 25.07.2025.
3. Thereafter, when the matters came up for hearing on 25.07.2025 and 21.08.2025, the learned Additional Public Prosecutor sought time to get instructions in this regard.
4. When the matters are taken up for hearing today, the learned Additional Public Prosecutor has produced a copy of the Government Order in G.O.(Rt).No.643, Home (Prison-III) Department, dated 04.09.2025, wherein it has been stated as follows:- Under Rule 531 (2) of the Tamil Nadu Prison Rules, 2024, Government hereby grant permission to Ms.Harsha Ruparathne, Acting Deputy High Commissioner, Mr.W.M.S.Weerasekara, Counsellor, Mr.N.Nandakumar, Attache, Mr.A.Rifas, Management Service Officer, Ms.S.S.Jayani Virurangi, Management Service Officer and Ms.
Preetha Sridharan, Assistant Public Relations Officer of the Deputy High Commission for the Democratic Socialist Republic of Sri Lanka in Chennai to meet all (16, 39 and 8) Sri Lankan Nationals lodged in Chennai to visit Central Prison I, II and Special Prison for Women, Chennai as in the Annexure I, II and III to this order on 08.09.2025, subject to the condition that prior permission of the Superintendent of Prisons, Central Prison I, II and Special Prison for Women, Chennai shall be obtained and the convenient time for meeting the all Sri Lankan Nationals lodged prisoners may be ascertained from the officials.
2. The Superintendent of Prisons, Central Prison I, II and Special Prison for Women, Chennai is requested to verify the correctness of the identity of the above consular officials and to accord permission to them to meet the above said prisoners, if the prisoner is willing to meet them and expresses his willingness in writing as per the rules in force."
5. The learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondents submitted that since the Government has passed the order in G.O.(Rt).No.643, Home (Prison-III) Department, dated 04.09.2025, nothing survives for further adjudication in these matters.
6. Recording the submissions made by the learned counsel appearing on either side, these Writ Petitions are closed. There shall be no order as to costs. (J.NISHA BANU J.) (S.SOUNTHAR J.) 23-09-2025 ASI To 1.The Ministry of External Affairs New Delhi-110001.
2.The Deputy High Commission of Srilanka No.56, Sterling Road, Nungambakkam, Chennai - 600034.
J. NISHA BANU, J.
AND S. SOUNTHAR, J.
ASI 3.The Deputy Inspector General of Prisons Chennai Range, Prison Head Quarters, Whannels Road, Egmore, Chennai - 600008.
4.The Superintendent of Prison Central Prison - 2, Puzhal, Chennai - 600066.
5. The Public Prosecutor, High Court of Madras, Chennai.
W.P. Crl. Nos. 238, 170 and 149 of 2025 23-09-2025