- (1.) THE petitioner in this writ petition seeks for a direction to respondents to remove the entries made in the records and computers of Chennai Airport and the High Commission of India in Sri Lanka reflecting the Look Out Circular prohibiting the smooth departure, arrival of the petitioner at the Chennai Airport, thereby enabling him to have the departure and arrival renewal of visa like the other regular passenger without any obstruction whatsoever.
(2.) WHEN the matter came up on 11.04.2012, this court directed notice to be served on the respondents. Accordingly, notice was served and Mrs.Seethalakshmi, learned Senior Central Government Standing Counsel appeared for respondents 1 to 3. She has also filed a counter affidavit on behalf of respondents 1 to 3 sworn to by the Foreigners Regional Registration Officer, Bureau of Immigration, Ministry of home Affairs, Chennai, dated 20.6.2012. Even as per the admission of the petitioner, he was the Srilankan national and admittedly a foreigner. At present, he is 50 years old. He had entered India in the year 1988 under Student visa for the purpose of studying MBBS course and he joined the Madras Medical College. Even after 24 years, he has not finished his MBBS course. He is now studying final Part-II MBBS degree course. The petitioner by filing several writ petitions had managed to extend his student visa. The Visa was valid upto 13.7.2012. The petitioner was involved in a criminal case and was accused in the Chennai Airport Bomb blast case of the year 1984. He was convicted by the District Sessions judge, Chengalpet in 1987 in S.C.No.18 of 1987 and was sentenced to undergo life imprisonment. He had filed an appeal before this court in Criminal Appeal No.704 of 1989. He was acquitted during April, 2000. It was the case of the respondents that after an expiry of his initial visa period on 10.1.1991, the petitioner did not come to the office of the Chief Immigration Officer for extension of Visa for more than 11 years. He was unauthorisedly overstaying as a foreigner and that it was a visa violation. He came to the first respondent's office only in May, 2002 for his exit clearance. The exit clearance was given by the first respondent after obtaining an approval of the Secretary to Government, Home Department, Government of India. He had visited India twice on six months Tourist visa in 2002 and 2003 and continued his studies. It was stated that the foreigner holding tourist visa cannot pursue his studies on a tourist visa. Thus, he had committed one more visa violation. During his departure on 28.09.2003, he was granted departure clearance after stamping on his passport as "Entry Refused" considering his visa violations and his previous overstay in India. As per the rules, the ban entry was issued by the Home Secretary to the Government of India. The petitioner filed a writ petition being W.P.No.34586 of 2003 to direct the respondents to issue and permit his entry into India. this court had directed the respondents to consider his student visa application. Accordingly, he was granted student visa to enable him to appear for the MBBS examinations. Further, the student visa issued on 14.01.2008 is valid till 13.07.2012. He was registered and a registration certificate / residential permit was issued to him. A Look Out Circular was opened and issued against the petitioner for his past overstay and violation of visa norms. The petitioner was also accused of serious cases.
(3.) IT was stated by the petitioner that the pendency of the Look Out Circular is creating problems and he is put to harassment and unreasonable delay and hardship and he was being retained by the officials due to Look Out Circular (LOC). He was further informed that unless that circular is withdrawn, he will be continuously harassed. Hence the writ petition. In the counter affidavit, it was stated that despite his name was found in the LOC, he was granted student visa till 13.7.2012. The delay in immigration clearance during arrival and departure is to verify his papers and will not hinder his studies. He was made to undergo only routine immigration procedure. The immigration officials are not prohibiting his arrival and departure and that his rights are not violated. It is because of his past visa violations and undesirable activities, his name is still figuring in the LOC. The visa was issued only to complete his studies and that issuance of visa will not make the LOC inoperative.;