Chennai

The first bench comprising Justice AP Sahi and Justice Senthilkumar Ramamoorthy upheld a single judge’s order that the claim of immunity under the foreign passport may not arise. “The sequence of facts, and the consequence towards which the writ petition is aimed at, clearly relate to criminal proceedings that have led to the issuance of the circular. This may involve the guarantee of liberty to a person under Article 21 of the Constitution, but the genesis of the action is connected with the criminal prosecutions pending against the appellant, the umbilical cord whereof has not yet snapped.” Sivasankaran’s contention that it only involved his civil rights was therefore not correct because the relief revolves around consequences arising or likely to arise as a result of criminal prosecution, the bench added while dismissing the appeal.