The Madras High Court today directed a senior immigration officer at the International airport here to appear before it in person on November 27 to explain the case of mistaken identity and arrest of a woman.
The division bench comprising Justices S Tamil Vanan and T Mathivanan gave the direction on a haebeas corpus petition by the son of Sarah Thomas, who was arrested instead of one Sara Williams on November 13, 2014 by Kerala Police, aided by the Senior mmigration officer and Airport Police.
The matter pertains to a case filed against one Sara Williams by police at Punalur in Kerala. They came to Chennai on information, arrested Sarah Thomas and she was detained in Central Prison at Puzhal here.
Kerala police produced her before the Judicial I Class Magistrate III who called for a report from the Detective Inspector, CB-CID Economic offences Wing, Kollam, found her identity was wrong and set Sarah Thomas at liberty.
Her son Kevin John Sajith then filed the habeas corpus petition seeking to punish the officers concerned for arresting and detaining his mother illegally.
When the matter came up before the bench, it said "It is an admitted fact that Mrs.Sarah Thomas had come to Madras airport with her passport and other documents. However, she was detained and sent to Puzhal prison without verifying her identity properly, as if she was one Sarah Williams, involved in a criminal case."
The bench noted that the petitioner had stated she was sent to prison only on the erroneous instructions given by the Senior Immigration Officer.
The bench said arresting the person on mistaken identity cannot be justified as it is against the fundamental right guaranteed under Art. 21 of the Constitution, which states that no innocent person be arrested or detained in prison on the ground of mistaken identity.
While directing the Officer to be present in the court on November 27, the bench said he was also at liberty to file a counter. In case he failed to make an appearance, appropriate orders would be passed, as per law.
