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Douglas Can Be Tried Via Video-Conferencing
Sep 11, 201403:18 PM
The Madras High Court on Wednesday permitted Sri Lankan Minister Douglas Devananda to appear through video-conferencing in the 1986 shoot-out case at Kodambakkam in which one person died.
The permission was granted in view of the peculiar circumstances of the case, given the diplomatic status and the effect of issuance of non-bailable warrant against the minister of a neighbouring State may entail, Justice C T Selvam said. The order should not be treated as a precedent in any other case, he added.
The judge was allowing a petition from Devananda challenging the orders of the IV Additional Sessions rejecting his plea to recall the non-bailable warrant pending against him and to dispense with his presence before the lower court in Chennai and to enable him to appear through video-conferencing.
The judge said that Devananda should appear through video conferencing at the office of the High Commissioner of India at Colombo as and when required. He also should appear before the trial court when called upon to do so. The TN government should provide necessary protection.
The judge noted that even during the pendency of the non-bailable warrant issued by a lower court against him, he had accompanied a visiting team of Sri Lankan officials to Chennai on June 12, 2010. No attempt was made to arrest him. on that occasion, the judge pointed out. The State did not arrest him in view of his status as a minister and to maintain cordial relationship with Sri Lanka, the judge noted.
“Given the facts and circumstances, we feel that rather than taking a hyper-technical approach, ends of justice could be carried forward in such process that would enable the progress in the trial. We have before us, the affidavit which informs that he would make himself available for video-conferencing at the office of the High Commissioner of India at Colombo, whenever necessary,” the judge said. - newindianexpress
