Petition against Kariyawasam rejected in India

29 November 2013 04:47 am - 12 - {{hitsCtrl.values.hits}}

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A division bench in the Madras High Court bench in Madurai, Tamil Nadu on Thursday dismissed a public interest litigation filed seeking the declaration of the Sri Lankan High Commissioner to India as a persona non grata (an unwelcome person) as per Article 9 of the Vienna Convention of Diplomatic Relations, 1961, on the grounds that the petition is not maintainable.

In their order, Justices M. Jaichandren and S. Vaidyanathan observed, “Directions relating to foreign policies and with regard to diplomatic relationships involving foreign countries cannot be issued by this court. It is for the Union of India to consider and to decide such issues as policy decisions.”

Originally, L. Lena Kumar, a social activist from Tirunelveli district, had moved the court claiming that the Sri Lankan High Commissioner Prasad Kariyawasam had issued ‘seditious, inflammatory and provocative statements’ which affected the integrity, sovereignty and secular nature of India.

According to the petitioner, Mr. Kariyawasam issued a statement on March 19, 2013, that the Sinhalese were descendants of Odiyas and Bengalis and, therefore, they deserve Indian support.

The statement, reported in the media with an intention to ‘divide and bring fraction in India on the lines of race, ethnicity and region,’ angered the Tamils whose sentiments were hurt in view of the alleged mass killing of Tamils in Sri Lanka during the war, the petitioner had claimed.

The judges ruled that the Union of India cannot be directed by the court to make certain decisions relating to foreign policies of India.

“The issues raised (in the petition) are dealing with the foreign policies of India, which would depend upon various factors governing the welfare of the people of the countries involved, the security of the nation and the other issues relating to international relations amongst the Comity of Nations. Such issues are left to be decided by the Government of India as and when it finds it fit to do so,” the judges noted and dismissed the petition. (The Hindu)

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Comments - 12

Priyanthi Friday, 29 November 2013 05:04 AM

L. Lena Kumar - Kagaththa neda?

Siva Friday, 29 November 2013 05:07 AM

Mr.Kariyawasam is a nice person and he never see any discrimination between Tamil, Sinhalese and Muslims. I'm a Tamil and when I studied in USA, I lost my Passport. When I contact our Sri Lankan Embassy, Mr.Kariyawasam cared me a lot and told me "Don't Worry Putha, I will take care of this" He treated me very nicely and helped me to find the lost Passport. We need these kind of people to our country. May God Bless him!

Ramani Friday, 29 November 2013 05:29 AM

Well said Siva! We highly appreciate genuine people to come forward!

Senthu Friday, 29 November 2013 05:53 AM

omg... all you people in TN need to get lives!
It appears all of you are drama queens!

Nava Friday, 29 November 2013 05:55 AM

Siva
it is nice to hear , I am also a Tamil . There are good decent Sinhalese in Sri Lanka and in abroad also
There are good people in every community.
You are a good person to say that in Public. God bless you also

Yuri Friday, 29 November 2013 06:01 AM

Just imagine if the same case was taken place in Sri Lanka. may htis person already deported . India rank 78, Sri Lanka Rank 113 in democracy and HR.

Rata Haraka Friday, 29 November 2013 06:37 AM

Very nice of you to stand up and say this, Siva. These are the kind of representatives we need in foreign countries, who will step up and be ready to help their people when needed.

M A Pillai Friday, 29 November 2013 07:43 AM

You are a gentleman yourself, Siva. May God bless you too.

M A Pillai Friday, 29 November 2013 07:44 AM

And may God bless you too, Nava.

Prasa Friday, 29 November 2013 09:51 AM

Can you recall a diplomat being deported in Sri Lanka after David Gladstone during Premadasa regime?

mani Friday, 29 November 2013 10:31 AM

at least the law works in India. That is called a Democracy. If this had happened in SL.

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Petition against Kariyawasam rejected in India

Comments - 12

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