Douglas Devananda case: Madra HC ruling on November 2

The Madras High Court will give its ruling on November two on a petition by a Sri Lankan minister, seeking to set aside a 1994 order declaring him a proclaimed offender in connection with a murder case in India.

Justice G M Akbar Ali fixed the date for orders after hearing arguments by counsel for the minister Anandan alias Douglas Devananda and the government side. In his petition, Devananda said the offence took place on November 1, 1986 at Choolaimedu.

It was alleged that he and the other accused, who were also Sri Lankan Tamils, had a quarrel with some local people on Diwali day. One Thirunavukkarasu died when he was shot at. Devananda said the trial court had failed to note that an agreement had been reached between India and Sri Lanka in July 1987. After he was enlarged on bail, he was expatriated to Sri Lanka. Therefore, he said, he believed that the case against him had been dropped. There was no place of residence in India for him after his expatriation.

Therefore, on the basis of the Aminjikarai police inspector’s report that he and other accused were absconding, no proclamation order could be passed, he claimed. Stating that he was willing to face trial, Devananda, however, sought to set aside the proclamation order of June 30, 1994. In his counter, then Aminjikarai police inspector, presently posted at Choolaimedu police station, S Selvakumar, said the case had been transferred to Choolaimedu police station on the point of jurisdiction.

A case had been registered in Choolaimedu police station under various IPC sections relating to punishment for rioting and murder read with section 25 of the Arms Act on November 1, 1986. It was based on a complaint by one Nagaraj against Selvanathan alias Ragavan and nine others and an investigation was conducted. Based on the inspector’s report, the additional sessions court declared the 10 accused, including Devananda as proclaimed offenders and it was published in Tamil and English newspapers.

The counter charged the accused with evading appearance before the trial court and hence proclamation procedure was adopted against them as per law. The petition itself was not maintainable as the proclamation had to be agitated only before the trial court, the prosecution contended. Devananda’s visit to India as part of Sri Lankan President Mahinda Rajapaksa-led delegation in June triggered a controversy after a pro-LTTE group filed a petition seeking his arrest. However, he had claimed that he was covered by immunity offered as part of the Indo-Sri Lankan accord, PTI reports.