Khy-Htoon and Others v. the State of Manipur

Khy-Htoon and Others v. the State of Manipur, -, India: High Courts, 15 September 1990, https://www.refworld.org/jurisprudence/caselaw/indhc/1990/en/18019 [accessed 24 April 2024]
LinkedIn

In the matter of detention of eight Burmese refugees in Manipur Central Jail, Imphal. In the matter of the right to life of Burmese refugees under the Indian Constitution. In the matter of the right of refugees to protection against deportation under International Law read with Fundamental rights guaranteed under Articles 10, 21 and 22 of the Indian Constitution. In the matter of writ petition filed under Article 226 of the Indian Constitution.

1.         Shri Khy-Htoon, aged about 21 years, s/e Mungphyer, resident of Rangoon (Burma), at present lodged at Manipur Central Jail, Imphal.

2.         Shri Mg-Mg, aged about 25 years, s/e Aungwin, resident of Rangoon (Burma) at present lodged at Manipur Central Jail, Imphal.

3.         Shri Shar-Aung, aged about 22 years, s/e Aungzi, resident of Mandalay (Burma), at present lodged at Manipur Central Jail, Imphal.

4.         Shri Khe-Htoon, aged about 21 years, resident of Rangoon (Burma), at present lodged at Manipur Central Jail, Imphal.

5.         Shri Kenya, aged about 19 years, s/e N.Chowary, resident of Rangoon (Burma), at present lodged at Manipur Central Jail, Imphal.

6.         Shri Nyi-Nyileen, aged about 12 years, s/e Somyenit, resident of Mandalay (Burma), at present lodged at Manipur Central Jail, Imphal.

7.         Shri Neline Ahas Mawg Yume, aged about 20 years, resident of Rangoon, at present lodged at Manipur Central Jail, Imphal.

8.         Shri Ashim Nanda Their, aged about 58 years, s/e Than, resident Khyaiklath Town, at present lodged at Manipur Central Jail, Imphal.

… PETITIONERS.

-Versus-

1.         The State of Manipur, through the Chief Secretary, Imphal, Manipur.

2.         The Superintendent, Manipur Central Jail, Imphal, Manipur.

… RESPONDENTS.

ORDER:

Office to register this petition as Civil Rule.

Heard Ms. Nandita Haksar, learned counsel for the petitioners. Heard also Sri N.Pramed Chandra Singh, learned Government Advocate.

The petitioners, eight in number, have come before this Court for invoking our writ jurisdiction praying, inter alia, that the respondents may be directed to produce the petitioners before the Office of the United Nations High Commission for Refugees to enable them to seek status of refugees.

Mr. N. Pramed Chandra Singh, learned Government Advocate, has stated that the State Government is not in a position to take the petitioners to Delhi for the above purpose. Ms. Nandita Haksar, learned counsel for the petitioners, has urged that it will be difficult for the petitioners to get appropriate surety as they are foreign nationals and has further stated that a person will take them to Delhi for the purpose of obtaining the status of refugees.

After hearing the learned counsel for the parties, we direct that the petitioners shall be released on interim bail for a period of three months on furnishing personal bond of Rs.5000/- to the satisfaction of the Chief Judicial Magistrate, Imphal to enable them to go to Delhi for the aforesaid purpose. Immediately after their arrival at Delhi, they shall report to the Officer-in-Charge of Police Station Parliament Street, New Delhi.

With the above direction, the petition is disposed of.

Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.