The High Court of Karnataka has ordered issue of notices to the Union and State governments on a PIL seeking directions to immediately shift 38 Sri Lankan nationals, victims of human trafficking, who have been retained illegally at the Central Prisons, Bengaluru, even after a special court in October, 2021, had directed the authorities to shift them to the Foreigners Detention Centre (FDC).
The petition has also sought a direction to the governments to establish sufficient number of FDCs with basic amenities as the FDC for Bengaluru situated at Nelamangala can accommodate only 35 persons as per the communication sent by the officer there.
A Division Bench comprising acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty passed the order on the petition filed by the Karnataka State Legal Services Authority (KSLSA).
No valid documents
The 38 Sri Lankan nationals, without any valid documents to enter India, were initially apprehended at a lodge in Mangaluru city in June, 2021, and they were arraigned as accused in the case, which was later handed over to the National Investigation Agency (NIA).
The NIA, in its investigation report filed before the Special Court in September 2021 had said that none of the 38 Sri Lankan nationals had any intention to come to India but are victims of human trafficking. They were illegally brought to Karnataka and Tamil Nadu by agents who made false promises of getting them jobs in Canada, the NIA had said.
The NIA, which had filed chargesheets against six agents, had treated these 38 Sri Lankan nationals as witnesses instead of accused, and had requested the authorities to deport them to their country.
Following the NIA’s report, the special court in October 2021 had directed the Superintendent of Central Prison to shift them to the FDC.
Despite three letters
It has been complained in the petition that the Deputy Commissioner, Bengaluru, failed to shift them to FDC even though the Superintendent of Prison had written three letters between November, 2021, and April, 2022.
The petitioner has pointed out that the continuation of 38 Sri Lankans in the prison was found during the inspection of the member-secretary of the District Legal Services Authority, who reported the human rights violation of Sri Lankan nationals to the KSLSA in May, 2022.
