Madras High CourtHCP(MD)/1539/2016disposed of

R.Pushpalatha v. Union Of India Represented By

2017-03-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Habeas Corpus Petition (MD) No.1539 of 2016 R.Pushpalatha, ... Petitioner vs.

1. Union of India Represented by The principal Secretary, Ministry of External affairs, Union of India, E Block, Central Secretariat, New Delhi.

2. The Principal Secretary, Ministry of External affairs, Union of India, Jaisalmer House, Mansingh Road, New Delhi-110011.

3. The State of Tamilnadu, Represented by the principal Secretary, Home Department, State of Tamilnadu, Fort St George, Chennai.

4. The District Collector, Ramanathapuram District.

5. The Superintendent of Police, Ramanathapuram District.

6. The Inspector of Police, Devipatinam Police station, Ramanathapuram District.

7. Nagoor Meeran, Chittarkotttai, Ramanathapurtam Taluk, Ramanathapuram District.

... Respondents

Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for a direction to the respondents to produce the person or body of the detenu, by name Ramesh, son of Sethu, aged 36 years, before this Court and set him at liberty. For Petitioner : Mr.R.Alagumani For R1 and R2 : Mr.R.Murugappan Senior Central Government Standing counsel For R3 to R6 : Mr.T.Mohan Addl. Public Prosecutor

O R D E R

(Order of the Court was made by T.S.SIVAGANAM,J.) The petitioner's wife is before this Court by way of Habeas Corpus Petition stating that her husband by name Ramesh, S/o. Sethu, who had gone to Saudi Arabia for being employed as a driver, has been put to lot of harassment by his sponsor and has been directed to rear camels instead of driving vehicles. Further, it is the petitioner's case that the original passport and other documents of her husband have been illegally retained by the sponsor and life and liberty of her husband is danger.

2. The competent Officer of the first respondent Department has communicated with the First Secretary, Community Welfare Wing, Embassy of India, Riyadh (Saudi Arabia), about the complaint given by the petitioner. In response to the same, the First Secretary, Community Welfare Wing, Embassy of India, Riyadh (Saudi Arabia) has sent an e.mail dated 12.07.2016, from which it is seen that the said authority has already taken up the matter with the Saudi Arabian authorities. Further, it is stated that the Embassy also directly approaches the sponsor, but however, the sponsor is not obliged and bound by the reasons made by the Embassy. Further, the e.mail states that a case has also been registered in MADAD vide ID No.SB2RPT101080416 and the same has been updated. Further, it is stated that the Mission is extending all possible help to Shri Ramesh (husband of the petitioner) and will continue to do so till his repatriation to India.

3. The learned counsel for the first respondent submitted that the petitioner's husband has been speaking to the petitioner over phone and this fact is admitted by the learned counsel for the petitioner.

4. In the light of the above, the Habeas Corpus Petition is closed by directing the first respondent to issue necessary instructions to the First Secretary, Community Welfare Wing, Embassy of India, Riyadh (Saudi Arabia) to extend the fullest co-operation to the petitioner's husband C.Ramesh and if he is desirous of repatriating to India, necessary steps be taken at the earliest so

as to provides solution to the petitioner.

5. This communication having been made on 12.07.2016, the First Secretary, Community Welfare Wing, Embassy of India, Riyadh (Saudi Arabia) is directed to expedite the matter and keep the petitioner informed of the developments.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The principal Secretary, Ministry of External affairs, Union of India, E Block, Central Secretariat, New Delhi.