P.Pugalenthi, Secretary v. Ministry Of Home Affairs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.07.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.12191 of 2010 P.Pugalenthi ... Petitioner

Versus

1.Ministry of Home Affairs, represented by the Secretary, North Block, New Delhi 110 001.

2.Ministry of External Affairs, represented by the Secretary to Government Ministry of External Affairs, New Delhi 110001.

3.The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

4.The Director General of Police Mylapore, Chennai 600 004.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to take immediate steps to arrest Mr.Louglas Devananda, Sri Lankan Minister of Traditional Industries and Small Enterprises Development, an absconding accused. For Petitioner ::: No appearance For Respondents ::: Mr.Su.Srinivasan Assistant Solicitor General for R.1 and R.2 Mr.S.T.S.Murthi, Government Pleader assisted by Mr.V.Shanmugasundar for R.3 and R.4

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The petitioner prays for additional Extradition of trial of Mr.Douglas Devananda who is a Sri Lankan National and also happened to be at the relevant time, the Minister for Traditional Industries and Small Enterprises Development.

2. In the counter affidavit filed, it is revealed that apart from two cases referred, there is also third case pending, but on investigation, subsequent action was dropped. It is acknowledged that he came to India as a Member of the delegation led by the President of Sri Lanka, but there was no question of his arrest or detention as he enjoyed the diplomatic immunity against the same. There is stated to be no Extradition Treaty with Sri Lanka but steps have been taken as may be possible, and the Tamil Nadu police cannot effect arrest of the person directly.

3. We take the statement on record and close the proceedings, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Secretary, Ministry of Home Affairs, North Block, New Delhi 110 001.

2.The Secretary to Government Ministry of External Affairs, Ministry of External Affairs, New Delhi 110001. 3.The Secretary to Government Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

4.The Director General of Police Mylapore, Chennai 600 004.

+1cc to the Government Pleader Sr.42038 W.P.No.12191 of 2010 pvs[co] srg 22/08/2016