Is there a provision in Indian law NOT to host a ‘proclaimed offender’ by the highest office? Read details….?

Is there a provision in Indian law to host a ‘proclaimed offender’ by the highest office? Read details…..

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Minister in Rajapaksa team is a proclaimed offender in India

Wanted In Three Cases, Including 1986 Shootout

A Subramani | TNN

Chennai: Accompanying Sri Lankan President Mahinda Rajapaksa on his India visit is a tall, well-built, bearded, bespectacled man. As with the other ministers, this man Douglas Devananda, minister for traditional industries and small enterprises development, is being accorded full state protocol. What is ironic is that this Cabinet colleague of Rajapaksa is a proclaimed offender in India and liable for arrest.

Devananda was declared a proclaimed offender and an absconding accused by a sessions court in Tamil Nadu in connection with a shootout-***-murder here in 1986. In November 1986, Devananda, then a member of the separatist Eelam People’s Revolutionary Front (EPRLF), and nine others were charged with opening fire with automatic weapons at locals in Choolaimedu, injuring five. One person, Thirunavukkarasu, succumbed to his injuries later. Members of LTTE, EPRLF and other Lankan militant outfits used to freely move around and live in Chennai, then Madras, in the 1980s.

In the Choolaimedu case, Devananda and others were charged with murder, attempt to murder, rioting and unlawful assembly. While Devananda attended courts and obtained bail, others went absconding. In 1994, he too went underground, forcing the VI additional sessions court here to declare him a proclaimed offender.

Embarrassing Visitor Enjoys State Hospitality

In 1986, Douglas Devananda (shaking hands with Manmohan Singh), 9 others charged with

opening fire with automatic weapons at locals

in Chennai. 5 people were injured, 1 later died

Devananda went underground in 1994, and was declared a proclaimed offender

Another case of kidnapping a boy for ransom registered on March 2, 1989. Still pending

Third case registered in 1990 for rioting and criminal intimidation of a person called Valavan

Any Indian harbouring a proclaimed offender faces imprisonment up to 7 yrs under IPC

Times of India Chennai Edition 10/06/2010

Update:

@ Poondi B sir,

let us watch the outcome of PIL in Madras High Court.

Update 2:

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@ Madhukar ji,

In today’s news the same is confirmed by City Police Commissioner

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Chennai city police commissioner T Rajendran told TOI that Chennai police had sent a fax message to the Delhi police commissioner with details of the cases pending against Douglas Devananda alias Anand alias Devananda. “He is a proclaimed offender, and we are expecting a reply from the Delhi police to pursue the case,” said Rajendran.

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Update 3:

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@5000 Tamil,

Yes there are twists, When Sarat Fonseka became a worst enemy of Rajapakshe, any thing can happen!

Update 4:

Sorry 6000Tamil is wrongly types as 5000 Tamil.

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@ Senthil R,

Yes correct, why Parvathi ammal was denied entry to India that too for medical grounds who is not a proclaimed offender, but red carpet welcome to proclaimed offender.

Update 5:

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@ Captain cook

Devananda cannot claim amnesty

Accused Must Subject Himself To Trial Or Prosecutor Should Withdraw From Case

A Subramani & Jayaraj Sivan | TNN

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Update 6:

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@ Haritha,

A detailed answer! But there is a news that Amnesty cannot be claimed by Devanandha as found in the news.

http://epaper.timesofindia.com/Default/Scripting/A...

A balanced answer!

Update 7:

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Dear MS,

It is news to me regarding LK Advani!

Why cannot Govts withdraw the pending cases if any before hosting them to avoid such conflicts?

Update 8:

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@ Aparna

Why such a friendly nation keeps the innocent Tamils in concentration camp for over 15 months even after eradicating LTTE?

Update 9:

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@ Madhukar ji

You have raised valid points in your edit which I was also thinking for a quite a long time. India is not treated with due respects.

Update 10:

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@ Aryan

Yes I also read the news you have quoted under Cr.P.C, amnesty cannot be claimed once FIR filed and Charge sheet framed.

Update 11:

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@ Jordan Max:

Yes that is also true and 6000 Tamil also indicted it.

Update 12:

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@ Madhukar ji,

Your last edit reads as follows:

I don't understand this theory of amnesty. If a criminal murders someone in India and runs away to another country and gets the benefit of so-called diplomatic amnesty, does the relative of the person killed lose his right of justice? Will someone explain to me this theory? Do the criminals released in Kandahar hijacking case also enjoy such amnesty?

What a valid question you have raised!

Only the Legal Experts & those who justify amnesty need to clarify this.

11 Answers

Relevance
  • 10 years ago
    Best Answer

    If this is true, it is a very serious matter. At this rate, it is possible that tomorrow, Dawood Ibrahim may also receive similar hospitality. I am surprised if our government is not aware of it. Will the opposition take up this matter, if true?

    Edit:

    Media has also reported this matter and the government must have taken note of it. It remains to be seen if the outcome is to the satisfaction of the citizens of India or not.

    Our government has the bad habit of bending backwards in dealing with matters of foreign relations. Even when Bush visited India, FBI was allowed to let their dogs go round Rajghat to ensure there are no bombs. If the US Govt. has no trust on Indian security, Bush need not have visited Rajghat instead of insulting India like this and Govt. of India should not have allowed such authority of US on our sovereignty. Our Defence Minister, Mr. George Fernandes had to undergo security checks at the US airport despite his diplomatic visa. Our ex-President, Mr. Kalaam had to undergo such security check by some American Airline company despite the fact that as an ex-President of India, he had diplomatic immunity from such security checks. No action was taken against erring officials or the Airline company. China threatened our PM when he was to visit Arunachal. Bangladesh Rifles killed our BSF Jawans wrongfully and no action was taken by our Government. Racial attacks on Indian students and even fraud by bogus Australian Universities by enrolling Indian students and running away with their money was not handled appropriately by our Foreign Ministry.What is the use of making nuclear bombs when anyone can easily arm-twist our government and get away scot-free?

    Edit:

    I don't understand this theory of amnesty. If a criminal murders someone in India and runs away to another country and gets the benefit of so-called diplomatic amnesty, does the relative of the person killed lose his right of justice?

    Will someone explain to me this theory? Do the criminals released in Kandahar hijacking case also enjoy such amnesty?

  • 10 years ago

    Sorry Sir... I don't know much about Indian Law but here I'm quoting a section of report published in Times of India (Delhi/Chandigarh Edition dt. 12/6/10)

    "Sri Lankan cabinet minister for traditional industries and small enterprises Douglas Devananda cannot claim amnesty under Indo-Sri Lankan Peace Accord of 1987, feel legal experts.

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    Once criminal proceedings are initiated with the filing of a first information report and chargesheet is filed as per section 173(1) of Code of Criminal Procedure, then no bilateral or multilateral agreements among nations could waive the criminal liability of the person cited as an accused, said V Kannadasan, special public prosecutor for human rights courts."

  • Has the Sri Lankan President Rajapaksha inadvertently brought Devananda or intentionally brought him to hand over to Indian Government.

    He could have brought another Minister Karuna also,who was right hand to Prabhakaran during IPKF war and Rajiv Gandhi assassination.He won a many war against Lankan Forces.

    http://en.wikipedia.org/wiki/Vinayagamoorthy_Mural...

    There is another ex.LTTE cadre,who is now Head of the State in Eastern Sri Lanka.

    He is currently touring Kerala,I think.He is also ex.LTTE.His name is Pilliyan.

    Chennai, 07 June, (Asiantribune.com):

    Sivanesathurai Chanthirakanthan alias Pillaiyan is on a tour in India along with 30 member delegates to study and pick up points that can help him tone up his administration.

    http://www.asiantribune.com/news/2010/06/07/sri-la...

    Sivanesathurai Chanthirakanthan is Sri Lanka's only Tamil Chief Minister, formerly a LTTE child soldier.

    The 34-year-old Sivanesathurai Chanthirakanthan alias Pillaiyan on June 4, flew into Thrissur in Kerala where he will attend workshops on Panchayat Raj and governance at the grassroots. He will be there for about a week.

    There are many twists and turns in India's relationship with Sri Lanka.

    No one actually bothers about the seriousness of Lankan Tamil Issue.

    Congress has fumbled again in its handling of external affairs.

    This won't be a surprise that one day LTTE Supremo Prabhakaran may pay a visit to India representing Sri Lanka along with Pottu Amman,both are wanted in Rajiv's Assassination case.

    It is a very very very great bungling.These are happening during Congress rule.

    How are they going to handle it?

  • Anonymous
    10 years ago

    Good question. please read the details given under and come to a conclusion.

    Sri Lankan minister Douglas Devananda, who was declared a proclaimed offender by a Chennai court in 1986 and is accompanying President Mahinda Rajapaksa on his India visit, said Thursday that all political leaders were pardoned under the 1987 Indo-Sri Lanka accord.

    Devananda, whose presence in the presidential delegation created a stir in India as he was accorded treatment due to a state guest despite being declared a proclaimed offender by a Chennai court in 1986, also said he was ready to face any legal action.

    "...according to the Indo-Sri Lanka agreement, they have given pardon to all leaders, all political leaders," he told reporters here. "If there is anything legal, I am prepared to face that."

    Devananda was then a member of the separatist movement Eelam People's Revolutionary Front (EPRLF) in Sri Lanka.

    Devananda also asserted that his visits to India were legal and he had come to India even earlier for medical treatment.

    He has found backing from Colombo.

    A Sri Lankan official agreed that Devananda ceased to be a proclaimed offender after the 1987 Indo-Sri Lanka accord and has visited India many times over the last two decades.

    Date : June 10th, 2010. News by Newsofap.com

    Read ? it is very glad now you are raising a question. it is not the first time he is visiting india and particularly tamilnadu. where was the alert then ?

    Devananda said his understanding was that the general amnesty conferred on militants who laid down arms as part of the Indo-Sri Lankan Accord of 1987 covered these cases also. "My advocate, the late N T Vanamamalai, also believed so," the 52-year-old militant-turned-politician said.

    Devananda referred to clause 2.11 of the accord which said the Sri Lankan president would grant amnesty to all militants who surrendered their arms. The clause says, "The Government of Sri Lanka will make special efforts to rehabilitate militant youth with a view to bringing them back into the mainstream of national life. India will co-operate in the process." Devananda said he was informed by his legal counsel that the treaty would ensure "that India would not pursue cases against former militants on its soil."

    please note that as per Section 41(1)(c) of the Code of Criminal Procedure, any police officer may "without an order from a magistrate and without a warrant" arrest any person who has been proclaimed as an offender either under the CrPC or by an order of the state government, if found anywhere in India.

    But, the case of Douglas Devananda is different. Accompanying Sri Lankan president Mahinda Rajapaksa on his India visit is a tall, well-built, bearded, bespectacled man. As with the other ministers in the delegation, this man -- Douglas Devananda, minister for traditional industries and small enterprises development -- is being accorded full state protocol.

    He is accompanying the another nation's Hon president and coming here in the capacity of minister of srilanka. so, your arguments is nothing to do and no use of talking. why i say this ? He was accorded a grand welcome by the government of india.

    Moreover, he came with the hon president of srilanka. When a minister accompanying a great presient of other nation, the government should give respect to the team first. If any action considered that is not against a particular person, and will be considered against another nation. please keep this mind.

    @Asker: Law is a dark room said Anna. The matter we are discussing is an international matter. it will be interesting for us one or two days. Then all will forget.

    you are saying that ''Amnesty cannot be claimed by Devanandha as found in the news''. The news is not a law. The news sometimes will be for to attract and not to attack.

    It is a case before 16 years. you should not ask why it is pending all these years etc.Leave this as it is and the ''law will take its own course''

    http://tamiljustice.com/

    hope this will help you a lot and thanks for the opportunity !!!

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  • Anonymous
    10 years ago

    There is another ex.LTTE cadre,who is now Head of the State in Eastern Sri Lanka.

    He is currently touring Kerala,I think.He is also ex.LTTE.His name is Pilliyan.

    Chennai, 07 June, (Asiantribune.com):

    Sivanesathurai Chanthirakanthan alias Pillaiyan is on a tour in India along with 30 member delegates to study and pick up points that can help him tone up his administration.

  • 10 years ago

    What happened to the VISA issuing Indian Embassy???

    Don't they have a copy of criminals wanted? OR is there no need of visa for offical visit of president of a country???

    When a state govt is so eager in cancelling a visit Parvathiammal for medical assistance, why is the central govt/Embassy so lethargic?

    Think about the immigration officers act in USA against Indian minister?

    Feeling Ashamed, sir.

  • 10 years ago

    The news makes very disturbing reading. It can happen only in India and that too under Congress - who would not produce a Mr Quadrachi in court, allow him to leave India, nor arrest him when there was a chance; or produce Mr Anderson for the Bhopal tragedy!!

    The case about the accused accompanying the President of his country could not be unkown to our Security officers who are equipped with full details of wanted criminals. India should have insisted on his being handed over to India.

    When Satan rules, ghosts would be the guards! The court should take suo motu congnizance of the news item and direct Govt to arrest the wanted criminal and produce in the relevent court. Did not the apex court make the action of Govt under Art 356 subject to judicial scrutiny, when successive govts started misusing the provision? Even so, court should interefere in the serious cases of criminals being allowed to accompany high security officials !!

    The niceties of diplomacy should not be made an issue in matters of crimes committed in this land.

    Edit:

    Caption cook is right, at least that is what appeared in today's Yahoo news:

    The Indian Express

    Thu, Jun 10 01:59 PM

    Sri Lankan Minister Douglas Devananda, whose visit as part of Presidential delegation has come under controversy following reports that he is a proclaimed offender in India, on Thursday said all political leaders were pardoned as per the Indo-Sri Lanka pact but maintained that he was prepared to face legal action, if any........

    He was asked if there was some "mischief or something else" against him as a PIL was filed in Chennai High Court seeking his arrest.

    Meanwhile, senior government officials said the Sri Lankan minister was not on a "watch list" of those who are preventing from entering the country.

    So that clinches the matter!! The govt official did not confirm the claim of the visiting dignatory but simply said he was not on ''watch list'' If we want more info about it, only RTI should be invoked to get details. Would the Press do it on our behalf?

  • I am sure Haritha Ji's answer would have cleared all your doubts, and I would like to remind you a similar visit from India to Pakistan. And the person visiting was none other than Ex-Home Minister Of India Mr. Lal Krishna Chandra Advanai, who is abscounding as Pakistan government in criminal case, and the Criminal case is plot to Kill Mohammad Ali Jinnah. You cannot arrest a diplomat on official visit. Rest assured....

  • 4 years ago

    No matter how many times these are talked about on YA, there are still people out there who still fall for these scams, even though every fibre in their body is telling them it is a scam. The mind boggles.

  • 10 years ago

    As M.S. sir told, harita ji explained everything in detail. i endorse his answer. He is the great minister of a great and friendly nation. srilanka is our friendly nation. He accompanied the president Rajapakshe of srilanka.

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