The Kerala High Court on Friday directed the authorities to take immediate steps to send back two Sri Lankan siblings, including a minor girl, who had been staying in a transit home in Kollam for more than two years despite not being accused in any criminal case. The court held that their continued stay in custody violated their basic right to life and personal liberty.
The judgment was delivered by Justice Bechu Kurian Thomas while hearing a writ petition filed by the siblings, who are children of Sri Lankan nationals arrested by the National Investigation Agency (NIA) in separate cases.
Background of the Case
The petitioners, a 20-year-old man and his 17-year-old sister, are citizens of Sri Lanka. Their parents were arrested by the NIA in 2023 in connection with two investigation cases. Along with their parents, the children were also taken into custody and later shifted to the Gandhibhavan International Trust at Pathanapuram, Kollam, which functions as a transit home.
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Although the siblings were not named as accused in any case, they continued to stay in the transit home for over two years. Their visas had expired in October 2022, and a previous bail order had directed that they remain at the transit facility until further orders.
Claiming that their detention had no legal basis, the petitioners approached the High Court seeking a declaration that their continued custody was unconstitutional and requested directions to facilitate their return to Sri Lanka.
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Government’s Stand
In its statement before the court, the Foreigners Regional Registration Officer (FRRO) informed that both petitioners held valid Sri Lankan passports but had overstayed due to the expiry of their visas. The FRRO also stated that there was no objection to initiating repatriation proceedings, provided the NIA did not require them for further investigation.
During the hearing, the Deputy Solicitor General of India clarified, on instructions, that the National Investigation Agency did not require the petitioners for any enquiry or investigation.
Court’s Observations
Justice Bechu Kurian Thomas noted that there was no dispute regarding the fact that the petitioners were not involved in any criminal activity and were not wanted by any investigating agency.
“The continued detention of the petitioners in India will amount to a deprivation of the right to life and liberty,” the court observed, stressing that constitutional protections cannot be diluted merely because a person is a foreign national.
The judge also took note of the prolonged period for which the siblings had remained in the transit home, describing the situation as unjustified once investigative agencies had confirmed they were not required.
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Final Decision
Allowing the writ petition, the High Court directed the Foreigners Regional Registration Officer to immediately initiate steps to facilitate the siblings’ return to Sri Lanka. The court ordered that exit permits and all necessary travel documents must be issued at the earliest and, in any case, within two weeks from the date of application.
The court further instructed the authorities to ensure that no administrative hurdles delay the process and to use their “good offices” to resolve any issues that may arise.
With these directions, the writ petition was allowed, bringing an end to the prolonged stay of the two Sri Lankan children in the transit home.
Case Title: Thenu Jeyapriyan & Anr. v. Foreigners Regional Registration Officer & Anr.
Case Number: WP(C) No. 44831 of 2025
Date of Judgment: 16 January 2026
