IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 9585 of 2008 Between: 1 Tentom S/o Upukoi 2 Tevoyen S/o Onya 3 Kotin S/o Hupoma all the petitioners are Brama Country Fishermen rep by a Social Workder Beera Ambedkar S/o late Sambamurthy aged about 42 years Social Workder r/o Giddivaripet, katernikona Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The union of India, rep byits Secretary External Affirmars Minitsry, New Delhi. 2 The Government of Andhra Pradesh, rep by its Secretary, Home Department,Secretariat Buildings, Hyderabad. 3 The District Collector, EAst Godavari District kakinada. 4 The District Collector, East Godavari District kakinada. 5 The Tahsildar, Katerinkonda Mandal, East Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the action of the respondents in not reporting the three Barma Country People to the Barma Country as illegal, arbitrary and unconstitutional and consequently direct the respondents to reporting the three Barma Country People i.e. (1) Tentom S/o Upukoi aged 47 years 2) Tevoven S/o Onya aged 45 years and 3) Kotin S/o Hupoma aged 42 years to Barma Country in accordance with provisions of Foreigners Act with immediate effect. Counsel for the Petitioner:MR.G.SIMHADRI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO W.P.No.9585 of 2008 ORDER: Heard Sri G.Simhadri for the petitioner and Sri A. Rajasekhar Reddy, learned Assistant Solicitor General and with his consent, this order is passed. The writ petitioner, a social worker, has taken up the cause of three individuals, whose names are i)Tentom s/o. Upukoi, ii) Tevoven s/o. Onya and iii) Kotin s/o. Hupoma, who are said to be fishermen and have drifted on to Indian territorial waters due to a cyclonic storm on 04-12-2001. These persons have informed that they hail from Myanmar. They were caught off guard on the high seas by the cyclonic storm and that is how they were washed ashore. They were retrieved by the good natured fishermen of Pallam village, Katernikona Mandal, East Godavari District of Andhra Pradesh. Initially these three individuals are handed over to the local Police at Katernikona in East Godavari District and still these three individuals are languishing in the same locality though not inhospitable obviously because they did not have adequate and necessary entry permit for entering this country or for leaving it. Article 51 of Constitution requires the State to endeavour to promote international peace and security, maintain just and honourable relations with the other nations and foster respect for international law and treaty obligations. Article 13 of the Universal Declaration on Human Rights, adopted and proclaimed by the General Assembly on 10.12.1948, recognizes the right to leave one’s own country and return thereto as well. India is a party to the international covenant on Civil and Political Rights. It is only appropriate, therefore that the Ministry of External Affairs and Home Affairs examine the matter. The District Collector and Magistrate of East Godavari District, Kakinada , is therefore, directed to cause necessary inquiry in to the matter by seeking a report from the Tahsildar, Katernikona Mandal in his district and if he is satisfied about the truth of the incident, he may submit a detailed report to the Ministry of External Affairs and Ministry of Home Affairs, Government of India independently, duly marking a copy of the same to the Department of Home, Government of Andhra Pradesh, within a month from today. The Ministry of Home Affairs as well as the Ministry of External Affairs will take up the issue of repatriating the three alleged fishermen belonging to the State of Myanmar, by following the normal diplomatic means and methods adopted by them for the purpose of restoring the citizens of a foreign nation. The entire exercise be completed by the first respondent within three months from the date of receipt of a report from the District Collector, East Godavardi District. With this, the writ petition stands disposed of. No order as to costs. ______________________________ NOOTY RAMAMOHANA RAO,J Date:29-4-2008 Note: C.C. in three days. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}