Illegal detention: A$600k relief likely for Indian student

Melbourne, October 24
An Indian student, who was detained in 2004 by Australian immigration authorities for violating visa rules, is likely to get a whopping compensation of 600,000 Australian dollars after the country’s human rights body termed his detention as ‘arbitrary’.
Prashant Cherkupalli (31) was detained in late 2004 by Australia’s Department of Immigration and Citizenship for working at a bakery in Western Sydney despite having “no work” condition on his visa.
Cherkupalli, a student of engineering, had spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006. Since then he has been living on bridging visas there. He had lodged a case with the Australian Human Rights Commission, which released its findings earlier this month.
Cherkupalli’s lawyer Tom Mithieux said his detention was found by the Human Rights Commission to be an arbitrary detention and breached the Migration Act. The commission subsequently made recommendations in relation to compensation and also on an apology among others.
Human Rights Commissioner Catherine Branson found that Cherkupalli should be paid 597,000 dollars in compensation for the 509 days he was illegally detained.
“The commission also found Cherkupalli should be paid nearly 600,000 Australian dollars in compensation. It takes into account general damages, which is generally looking at the hurt and humiliation I suppose of being arbitrarily detained for that period of time. There is also some scope for past economic loss,” Mithieux said.
“I came to Australia to get a job and get a permit and to settle down, but things have gone wrong for me and I ended up in detention, where I should not end up,” Cherkupalli was quoted as saying by ABC news.
“It’s not easy, counting every day to get out from there and back on the studies and back on the job,” Cherkupalli said.
The commission’s recommendations, however, are not binding on the Federal Government and Cherkupalli still faces deportation.
Mithieux said Cherkupalli should instead be granted permanent residency by Immigration Minister Chris Bowen.
“There have been requests for ministerial intervention in the past. They have been rejected,” he said.
However, in light of these findings, the minister has again been called to intervene and to put Cherkupalli in a position that he would have been but for this period of detention, which really means giving him permanent residency.
The Immigration Department says it will respond to the commission’s report by the end of the week. Cherkupalli’s lawyers have also lodged a claim for unlawful imprisonment in the New South Wales Supreme Court.

Hijacker of Indian plane wins battle for passport

Chandigarh, October 24
“Hijacker” Davinder Singh has won the legal battle for passport against the Centre. Clearing the decks for the release of his passport, the Punjab and Haryana High Court has observed no case was pending against him now. The directions came after the State of Punjab, in its reply, said although the petitioner had been convicted in a heinous crime and for an anti-national activity, he has not indulged in any adverse activity subsequent to his release.
Allowing Davinder Singh’s petition against the Union of India and other respondents, Justice K. Kannan asserted: “The petitioner shall, therefore, be favourably considered and the competent authority amongst respondents is directed to issue a passport in accordance with law.
Davinder Singh was one of the hijackers, who had taken an Indian plane to Pakistan during the days of militancy. The aircraft was, in fact, hijacked after Operation Bluestar. Settled in Chandigarh, Davinder Singh has already been released from prison.
Taking up the petition, Justice Kannan asserted: “The application for passport filed by the petitioner was rejected on January 4, 1999, under the provisions of the Passport Act.
“The Government had also in appeal rejected his passport application by its orders dated January 29, 2004. The petition is filed on the ground that after the conviction was rendered under the provisions of Anti-Hijacking Act of 1982, read with the provisions of the Indian Penal Code, where the petitioner had been serving a life imprisonment, the Supreme Court commuted his life sentence for the period of service already undergone and he was ordered to be released on October 3, 1996.
Justice Kannan added: “According to the petitioner, there is no particular impediment against the issuance of passport especially when more than five years have expired since the order of release and there is no bar under any of the provisions of the Passport Act from issuing the passport”.
Justice Kannan concluded: “As of now, there is nothing adverse against the petitioner.Admittedly, there is no case pending now. The writ petition is allowed.

Woman, son booked for duping youth of Rs 6.5 lakh

Moga, October 24
The police has registered a criminal case of fraud against a woman and her son for allegedly duping a youth of Rs 6.5 lakh on the pretext of sending him to Greece for a job.
In his complaint, Baljinder Singh of Badhni Kalan village of the district alleged that the woman, Amarjeet Kaur, and her son, Lakhwinder Singh, residents of Malerkotla town, took the amount from him last year.
However, even after a year of taking the money, they could neither fulfill the promise of sending him abroad nor did they return back the money, he alleged.
After verifying the facts, the police conducted an inquiry into the allegations and prima facie found the woman and her son took the money from the complainant, after which a criminal case under Sections 420 and 406 of the Indian Penal Code was registered against them. However, they were yet to be arrested by the police.