MADURAI: The Madurai Bench of the Madras High Court on Monday directed the central and State governments to file their responses to a petition seeking the release and safe repatriation of 24 Tamil Nadu fishermen allegedly remaining in Sri Lankan custody.
The Division Bench comprising Justices CV Karthikeyan and R Sakthivel issued the direction on a PIL filed by advocate and fishermen-rights activist Theeran Thirumurugan from Ramanathapuram.
The petitioner sought the court's intervention to ascertain the whereabouts, custodial status and physical safety of the fishermen and communicate the details to their families. He said he had independently verified the details of five fishermen from Ramanathapuram district through their families and local fishermen associations.
He referred to the recent violence at Negombo Prison in Sri Lanka and expressed concern over the safety of Tamil fishermen detained in the Sinhala nationalist country's prisons.
Relying on Article 21 of the Constitution, the doctrine of parens patriae and provisions of the Vienna Convention on Consular Relations, 1963, the petitioner argued that the Union government had an obligation to provide consular protection and assistance to Indian citizens detained abroad.
The petitioner also sought the formulation of a comprehensive SOP providing for consular assistance, legal aid, coordination between the Centre and State governments and periodic communication with the families. He proposed that travel formalities and repatriation be completed within seven days of a fisherman's release or grant of bail by a competent Sri Lankan court.
The petitioner said he had interacted with several of the 12 fishermen who had earlier been detained in Sri Lanka and subsequently released and repatriated to India. They informed him that, as on the date of their release, 24 Tamil fishermen continued to remain in Sri Lankan custody awaiting release and repatriation, he said.
The released fishermen told him that the continued detention of the remaining fishermen was not an isolated occurrence but part of a recurring pattern in which Tamil fishermen remained in Sri Lankan custody for prolonged periods, causing hardship to them and their families, the petitioner said.
After hearing the submissions, the court directed the Central and State governments to file their responses and adjourned the case to September 2, 2026.