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R. Karuppan, Advocate Vs. the Government of India, Represented by the Prime Minister and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Reported in(1985)2MLJ504
AppellantR. Karuppan, Advocate
RespondentThe Government of India, Represented by the Prime Minister and ors.
Excerpt:
- .....and the south africans' liberation movement, but in so far as the attack on tamilians by sri lanka government is concerned, it has fallen on the deaf ears of the indian government. it is duty cast on the indian government to wage an intervention in sri lanka in view of the resolutions of the general assembly of the united nations describing genocide as an international crime it is under these circumstances, it is prayed that army intervention in sri lanka is justifiable on sound legal and moral grounds. as per the international law, the intervention by the indian government is legitimate in view of the gross violation of the genocide convention. if the wishes of the tamilians in india are ignored and if the tamilians are still attacked as is found from the press, serious.....
Judgment:
ORDER

M.A. Sathar Sayeed, J.

1. The above writ petition is filed by the petitioner seeking the issuance of a writ of mandamus directing the Indian Government to take suitable military measures to put an end to the International Crime Genocide which is being perpetrated in Sri Lanka and to pass such other orders as the Court deems fit, on the following grounds.

2. It is contended by the petitioner, who appeared in person, that genocide is being committed by Sri Lankan Government over the residents Tamilians who are in minority. The Indian Government, which ought to have taken immediate International Police measures against this country, is turning a deaf ear to the cries of Tamilians in Sri Lanka, inspite of their prayer to seek help from India. The opposition parties of our Nation have also expressed an unanimous view that the Tamilians in Sri Lanka should be helped and steps should be taken against Sri Lanka for their acts of genocide, which will be the only solution to end the continuing genocide. Even the Indian intelligentia of our country have expressed that 'What Jayewardene is doing is no different from that Hitler did to the Jews.' In view of the genocide, committed by the Sri Lankan Government over the Tamillians, there is the growing influx of refugees of Tamilians from Sri Lanka creating economic and geo-political problems for our country. International law must take cognizance of the problem of refugees as in the case of Bangaladesh. That apart, Sri Lankan Navy has also committed another international crime, piracy killing the Indian fishermen while they were fishing within our territorial waters. This has resulted in the arrest of Sri Lankan Navy Patrol boat which was caught red-handed while it was straying into the Indian territorial waters and attacking the Indian fishermen. The acts of the Sri Lankan Navy Patrol boats accost our fishermen and they were being beaten and their nets and catches confiscated. The Sri Lankan Government is more militant and aggressive and if the situation is left as it is, the lives of the fishermen of our country are at stake. Lots of refugees from Sri Lanka are coming to our country and the Government is unable to provide safeguards to our Tamilians. The woes of individual fishermen are many. Many fishermen have borrowed monies to buy nylon nets and mechanised boats and they are unable to pay their debts. That apart, in view of the attitude of the Sri Lankan Government, no fishing activity takes place and this has resulted in the fishermen leading to poverty. Sri Lankan army is also trying to convert Trincomalee harbour into an International Army base, and is inviting the super powers to convert it into their army base. If such an army base is established, it will continue to be a military threat against India. Though the Indian Government has supported the Palestenian Liberation Organisation and the South Africans' Liberation Movement, but in so far as the attack on Tamilians by Sri Lanka Government is concerned, it has fallen on the deaf ears of the Indian Government. It is duty cast on the Indian Government to wage an intervention in Sri Lanka in view of the resolutions of the General Assembly of the United Nations describing genocide as an International Crime It is under these circumstances, it is prayed that army intervention in Sri Lanka is justifiable on sound legal and moral grounds. As per the International Law, the intervention by the Indian Government is legitimate in view of the gross violation of the Genocide Convention. If the wishes of the Tamilians in India are ignored and if the Tamilians are still attacked as is found from the Press, serious consequences will follow. It is the duty of the Central Government to intervene by sending the army to invade Sri Lanka in order to fulfil the fervent prayer of the Tamilians in India. It is on these grounds, the petitioner seeks the issuance of a writ of mandamus to the respondents herein.

3. I have gone though the the affidavit and also heard the arguments of the petitioner. I have to observe that the petitioner has overlooked the very important fact that to secure redress with respect to the question involved in the case is the problem, which is within the jurisdiction of the Parliament which is the representative body of the Indian Nation. Courts to interfere into the problems of the other country or to give directions as sought for by the petitioner, will be a mockery. That apart, compelling the Prime Minister of India, on the facts of this case, to respond to judicial decisions, will be unworthy. Judicial process involves the ascertainment of relevant facts and the application of the law, or the Constitution. But the facts of this case, do not enable this Court to decide the question which is purely political.

4. The doctrine of the political question precludes the Court from inquiring whether the Governmental body has exceeded or abused its powers. The concern of the petitioner and the solution of the problems is for Parliament and for others and not for Courts. The concern of the Court is to interpret laws. The Courts should, and generally would, interpret the laws so as to promote the remedy and as far as it is possible to do so, without straining the law to a breaking point. On the facts of this case, the grant of mandamus as sought for by the petitioner would be a futility. The writ of mandamus as sought for by the petitioner is not a proper remedy. The petitioner has an alternative remedy which is equally convenient, beneficial and effectual. This is, to represent his grievances to the authorities at the Centre, namely, the President of India and the Central Cabinet headed by our Prime Minister who are controlling and administering our Indian Nation. We have elected our representatives to the Parliament, and the Ministry at the Centre is headed by our Prime Minister of India assisted by his competent and efficient colleagues at the helm, who will look after the interests of our Nation, integrity and security. Under the circumstances, I am of the view that this writ petition has no merits and has to be dismissed and it is accordingly dismissed.


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