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Devananda can't be arrested

21 September 2011 03:30 am - 5     - {{hitsCtrl.values.hits}}

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Sri Lankan Cabinet Minister for Traditional Industries, Douglas Devananda, cannot be arrested during his visit to India, in connection with the criminal charges against him as he enjoys diplomatic immunity, the Centre has informed the Madras High Court.

In his counter affidavit to a writ petition seeking a direction to the Central and State authorities to arrest the Minister and prosecute him, the Under Secretary (Sri Lanka) in the Ministry of External Affairs, Kaghal Matha Praphullachandra Sharma, stated that India did not have an extradition treaty with Sri Lanka. However, under sub-section (1) of Section 3 of the Extradition Act, there was an extradition arrangement between the governments with effect from September 1, 1978. As the incumbent was a Cabinet Minister of Sri Lanka, he cannot be arrested during his visit.

In the public interest litigation petition filed in June last year, P. Pugalenthi, secretary of the Tamil Nadu Peoples' Rights Forum, stated that the Minister was involved in three criminal cases pending before the Chennai courts. A case of murder was registered against him by the Choolaimedu police station in 1986. In June 1994, the Additional Sessions Judge issued a Proclamation Warrant against Mr. Devananda treating him as absconding accused.

Mr. Devananda was charged before the II Metropolitan Magistrate, Egmore, in March 1989 in a case registered by the Kilpauk police in connection with the alleged kidnapping of a boy and demanding ransom. Yet another case against him for alleged offences, including intimidation, was registered by the Kodambakkam police in April 1990.

The petitioner said that he had sent two representations to authorities requesting them to arrest Mr. Devananda and prosecute him.
There was no response. Hence the petition. A Division Bench, comprising Justices C. Nagappan and M. Sathyanarayanan, adjourned the matter by four weeks. (The Hindu)
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  Comments - 5

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  • Calistus Jayatilleke Wednesday, 21 September 2011 07:11 AM

    This is the beauty of the system and that's why there is a saying "patriotism is the last resort of the scoundrel" As things stand, any criminal or a murderer once he comes a legislator and acquires diplomatic immunity, can go scot free as long as he is a VIP.

    Samanalaya Wednesday, 21 September 2011 07:14 AM

    Rogue

    Rajeev Patnaik Wednesday, 21 September 2011 07:25 AM

    Manmohan Singh government is totally confused.There won't be any diplomatic immunity for the murder accused .Even the UK government thrown out one of the topmost Indian diplomat for torturing his wife in London.

    sparks Wednesday, 21 September 2011 07:38 AM

    If you read the charges and offences leveled against him, it is a shame that we Sri Lankans have a peoples representative with such criminal issues pending against him. The fact that this minister doesnt have a morsel of self respect to hold high office and seek immunity through this postion towards all his criminal activities. Shame Sri Lanka Shame.

    shanthi Wednesday, 21 September 2011 07:53 AM

    Sparks well said , why not think of BLAKE"S words about him.


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