Madras SC dismisses petition against Lankan HC [November 29 2013]

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 Hindu)