CHENNAI: The Madras High Court recently permitted a Canadian citizen of Indian origin, who was detained by immigration authorities for casting his vote during the Tamil Nadu Assembly election this April, to return to Canada. It also directed the regional foreigners’ registration officer to issue him a no-objection certificate (NOC) to facilitate the same.
Justice GK Ilanthiraiyan passed the orders while disposing of a petition filed by Jithendranath, currently residing at Ashok Nagar, seeking permission for returning to Canada where he had got citizenship and a passport. Jithendranath came to India for his brother’s marriage this April. “When the Assembly election was held on April 23, I cast my vote since my name was in the electoral rolls,” he said in the petition.
When he and his son went to the Chennai airport on May 8 to head back to Canada, the former, however, was detained by the immigration authorities who noticed the indelible ink mark on his finger. Inquiries revealed he had cast the vote. Subsequently a complaint was lodged; K K Nagar police registered an FIR and arrested Jithendranath. He, however, was released on bail.
On June 1, the XXIII metropolitan magistrate court in Saidapet issued an order directing the authorities concerned to return to Jithendranath his passport with certain conditions after hearing his petition. When he again went to the airport on June 3 to return to Canada, he was directed to obtain an NOC from the authorities concerned as the investigation was still pending. He filed a petition in HC seeking a direction to the authorities to issue him the NOC and permit him to return to Canada.
Justice Ilanthiraiyan, referring to the order of the metropolitan magistrate court, held that Jithendranath can travel abroad when he is returned his original passport. “In view of the above, the first respondent - assistant foreigners’ regional registration officer - is directed to forthwith issue an NOC to the petitioner to visit abroad on receipt of an undertaking affidavit to the extent that he shall appear before the jurisdictional court at the time of filing the final report,” he said in the order.
