Madras high court has dismissed a plea moved by a Sri Lankan citizen seeking to travel back to his country since a criminal case was registered against him for casting his vote in the assembly election during his visit to his native place in Tirunelveli district
In April 2026, he came to India from Colombo along with his wife and son to attend to his mother who underwent a surgical procedure. Because his/her name has erroneously or otherwise continued to remain in an electoral roll, it observed that a foreign national cannot claim electoral rights reserved by law for citizens merely.
The judge said citizenship forms the legal bond from which political rights and civic obligations arise. Madurai: Madras high court has dismissed a plea moved by a Sri Lankan citizen seeking to travel back to his country since a criminal case was registered against him for casting his vote in the assembly election during his visit to his native place in Tirunelveli district. During his stay in India, he came to know that his name was still in the electoral roll. He thereafter cast his vote in the Tamil Nadu assembly election. Justice L Victoria Gowri observed that the freedom to travel beyond the frontiers of a country is an important facet of personal liberty. Nevertheless, such freedom is not absolute and may be regulated by a procedure established by law, particularly when the person concerned is facing a criminal investigation. The franchise is among the most solemn of those political rights. Its exercise by a person not qualified under law warrants a fair and effective investigation. At the same time, the investigation must proceed within the bounds of law, respecting the petitioner’s presumption of innocence and personal liberty. The balance between these competing considerations can be secured only through a reasoned, conditional order passed upon examination of the complete records, the judge observed and dismissed the petition.