Sri Lankan minister can face murder trial via video says Indian court
11 September 2014
Devananda, who also heads the government-linked paramilitary Eelam People’s Democratic Party (EPDP), faces a murder charge relating to a 1986 shoot-out in Chennai which killed one person.
Justice C T Selvam, the High Court judge, ruled that the given the diplomatic status that Devananda holds as a Sri Lankan minister, he was permitted to attend hearings via “video-conferencing at the office of the High Commissioner of India at Colombo, whenever necessary.”
The judge did not rule out Devananda appearing before the court in person though, stating that he should attend if called upon.
Justice Selvam’s decision comes after Devananda had petitioned against the ordersummoning him. It was also noted that Devananda had accompanied a visiting team of Sri Lankan officials to Chennai in 2010 and no attempts were made to apprehend him at the time.
Later that year a secret US embassy cable was leaked outlining in detail the Sri Lankan government’s backing of paramilitary groups, including the EPDP, who would extort funds, loot supplies for internally displaced Tamils, and run forced prostitution rings using girls and women from the refugee camps.
See more in our earlier post: 2007 US cable: Sri Lanka killing through Tamil paramilitaries(16 December 2010)
11 September 2014
The Madras High Court confirmed that Sri Lankan minister Douglas Devananda can face trial for a murder charge through video conferencing from Colombo on Tuesday.
Justice C T Selvam, the High Court judge, ruled that the given the diplomatic status that Devananda holds as a Sri Lankan minister, he was permitted to attend hearings via “video-conferencing at the office of the High Commissioner of India at Colombo, whenever necessary.”
Douglas Can Be Tried Via Video-Conferencing
11th September 2014
CHENNAI: The Madras High Court on Wednesday permitted Sri Lankan Minister Douglas Devananda to appear through video-conferencing in the 1986 shoot-out case at Kodambakkam in which one person died.
The permission was granted in view of the peculiar circumstances of the case, given the diplomatic status and the effect of issuance of non-bailable warrant against the minister of a neighbouring State may entail, Justice C T Selvam said. The order should not be treated as a precedent in any other case, he added.
The judge was allowing a petition from Devananda challenging the orders of the IV Additional Sessions rejecting his plea to recall the non-bailable warrant pending against him and to dispense with his presence before the lower court in Chennai and to enable him to appear through video-conferencing.
The judge said that Devananda should appear through video conferencing at the office of the High Commissioner of India at Colombo as and when required. He also should appear before the trial court when called upon to do so. The TN government should provide necessary protection.
The judge noted that even during the pendency of the non-bailable warrant issued by a lower court against him, he had accompanied a visiting team of Sri Lankan officials to Chennai on June 12, 2010. No attempt was made to arrest him. on that occasion, the judge pointed out. The State did not arrest him in view of his status as a minister and to maintain cordial relationship with Sri Lanka, the judge noted.
“Given the facts and circumstances, we feel that rather than taking a hyper-technical approach, ends of justice could be carried forward in such process that would enable the progress in the trial. We have before us, the affidavit which informs that he would make himself available for video-conferencing at the office of the High Commissioner of India at Colombo, whenever necessary,” the judge said.
The judge did not rule out Devananda appearing before the court in person though, stating that he should attend if called upon.
Justice Selvam’s decision comes after Devananda had petitioned against the ordersummoning him. It was also noted that Devananda had accompanied a visiting team of Sri Lankan officials to Chennai in 2010 and no attempts were made to apprehend him at the time.
Later that year a secret US embassy cable was leaked outlining in detail the Sri Lankan government’s backing of paramilitary groups, including the EPDP, who would extort funds, loot supplies for internally displaced Tamils, and run forced prostitution rings using girls and women from the refugee camps.
See more in our earlier post: 2007 US cable: Sri Lanka killing through Tamil paramilitaries(16 December 2010)
