Madras High Court dismisses CHOGM case

29 October 2013 11:02 am - 10 - {{hitsCtrl.values.hits}}

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Sympathy and sentiment cannot be a ground to pass judicial orders, and the court was not inclined to interfere with the foreign policy of India. Saying that, the Madras high court on Tuesday, dismissed a PIL against India's participation at the upcoming Commonwealth heads of governments meeting in Sri Lanka.

The first bench comprising Chief Justice RK Agrawal and Justice M Sathyanarayanan said: "It touches upon the foreign policy of the government of India, which depends upon many factors governing the welfare and other factors. This court does not have expertise to analyze the same."

Dismissing the PIL filed by Saraswathi Govindaraj, the judges cited Supreme Court rulings to hold that sympathy or sentiment by itself cannot be a ground for passing an order in the absence of any legal duty on the party on the part of the authority concerned to perform certain functions.

In her petition, Saraswathi said Tamils in Sri Lanka were subjected to various forms of harassment, leading to torture and disappearance, and added that India's participation in CHOGM would give a wrong signal/impression that India was actively aiding and abetting human rights violations and abuses.

While taking note of the serious issues raised by the petitioner, the judges said they could not issue any directions in the absence of legal duty cast upon the authority concerned. It said: "The petitioner made a fervent plea about the sufferings of people of Tamil origin in Sri Lanka and this court does not underestimate the contents of the representation. At the same time, in the absence of any statutory/legal right to compel the MEA to perform the legal duty/obligation, a writ of mandamus cannot be issued directing the MEA to consider the representation and dispose it of within a stipulated timeframe."

(The Times of India)

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Comments - 10

neutral man Tuesday, 29 October 2013 11:20 AM

how about supporting an enjoing order preventing road pooping in tamilnadu which has to be dealt first before worrying about other countries..

neutral man Tuesday, 29 October 2013 11:21 AM

how about supporting an enjoing order preventing road pooping in tamilnadu which has to be dealt first before worrying about other countries which makes entire India stink

neutral man Tuesday, 29 October 2013 11:22 AM

HOW ABOUT supporting an order preventing making roads dirty in tamilnadu first which makes entire India stink, before worrying about other countries

Suq Madique Tuesday, 29 October 2013 11:44 AM

Total hypocrisy. Saraswathi must first look into the plight of tamils in India before those in SL. Will be interesting to see if this concern will continue after the elections?

ind Tuesday, 29 October 2013 11:47 AM

True. They have thousand more issue in TN before worrying about Tamils in Sri Lanka.

Saskia Tuesday, 29 October 2013 12:38 PM

Stinky roads are far more better than killing and raping. First look at your backyard before pointing your fingers at others.

Saskia Tuesday, 29 October 2013 12:51 PM

Try next time at ICC in the Hague. Very soon MR and his army have to face the case in ICC. The count down is already started.

banda Tuesday, 29 October 2013 01:08 PM

Sigh...when the day dreaming ends....

Sriyani Tuesday, 29 October 2013 01:16 PM

Saraswathi - Fly a kite!

neutral man Tuesday, 29 October 2013 01:38 PM

ha ha LOL hague.. how about hague inquiry against road pooping in tamilnadu

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Madras High Court dismisses CHOGM case

Comments - 10

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