Lanka minister a proclaimed offender: TN

CHENNAI: The Tamil Nadu government has justified a subordinate court order declaring Sri Lankan minister Douglas Devananda as a proclaimed offender and an absconding accused in a murder case dating back to 1986.
State public prosecutor P Kumaresan told the Madras high court on Thursday that the proclamation was made in accordance with law and Devananda cannot seek quashing of the declaration now, more than 16 years after it was issued.Justice GM Akbar Ali, before whom the matter came up for hearing on Thursday, reserved the orders.
Devananda and nine others were charged with murder and other offences punishable under the Indian Penal Code and Arms Act after they allegedly opened fire on local residents and killed a man at Choolaimedu here in November 1986. They were all arrested and a chargesheet was filed in 1987 before the IV additional sessions judge here. However, after obtaining bail, all the 10 accused absconded and they could not be brought to trial.
Based on a police report, the sessions court declared all of them proclaimed offenders under Section 82 of the Code of Criminal Procedure on August 28, 1994. Accordingly a publication was made in newspapers, and the accused were directed to appear before the trial court by August 29, 1994 for trial.
The matter grabbed the headlines again more than 16 years later, when TOI reported in June that despite his proclaimed offender' status in India, Devananda was part of the delegation led by Sri Lankan president Mahinda Rajapaksa which met the Prime Minister and other leaders in New Delhi.
While the propriety of a proclaimed offender being a part of the presidential delegation and meeting top leaders was questioned, Devananda filed a petition in the high court stating that he was not aware of his status' in India. He claimed that he and others were under the belief that the case and charges against them had been dropped after the signing of the Indo-Sri Lankan peace accord in 1987.
He wanted the high court to quash the declaration proclaiming him an absconding accused, and gave an undertaking that he was prepared to face the trial in India.
He said that the sessions court had failed to strictly follow the procedures before issuing the proclamation, and hence it should be quashed. If the accused failed to turn up for trial, the sessions court concerned must publish a proclamation in one English and one Tamil daily and it was not done, he claimed.
In a counter-affidavit, the Choolaimedu police said the accused, who were evading arrest since 1994, had not taken any steps so far to appear before the sessions court to face trial. Devananda's petition is not maintainable for a simple reason that the accused has to bring the issue before the court concerned, it said.