The Madras High Court Bench here has quashed a case registered by the ‘Q’ Branch police against a Christian priest for having escorted a Sri Lankan woman pilgrim and her child to the Indian shores since they reportedly missed the last boat to their country after attending the annual St. Antony’s church festival at Katchatheevu in 2012.
Petition
Allowing a petition filed by priest Rev. Michael Raj, Justice G.M. Akbar Ali held that it was a fit case to be quashed since police had not disputed the fact of the priest having informed the officials concerned about the woman’s entry into India immediately after reaching Rameswaram. “Therefore, it cannot be said that the petitioner had committed any offence,” he said.
The petitioner’s counsel, T. Lajapathi Roy, said: “Hundreds of pilgrims from India and Sri Lanka visit the annual festival at Katchatheevu in mechanised and country boats. There, they take part in the ‘Way of the Cross’ procession followed by a holy mass and adoration conducted by a senior priest and return to the countries after spending a night in the island.
Accordingly, when the priest was preparing to leave the place in 2012, he met the Sri Lankan woman, Usha, and her minor daughter Nira stranded. Since he was told that they had missed the last boat to their country, the priest accommodated them in his boat to Rameswaram and informed the Indian officials about the incident.
Nevertheless, the Q Branch police accused him of having brought foreigners to the country without valid travelling documents and booked a case under Section 14 of the Foreigners Act — read with Section 109 (punishment for abetment) of the Indian Penal Code.
When the issue was taken to the knowledge of higher officials, the then Director General of Police informed the petitioner that the police action would be dropped.
But contrary to his assurance, the Q Branch police filed a charge sheet before the Rameswaram Judicial Magistrate and hence the present petition.
