The Madurai Bench of the Madras High Court has posted to September 9 the next hearing of a Public Interest Litigation (PIL) seeking to stay the participation of
Indian cricket team in the Tri-nation series beginning in
Sri Lanka today.
The PIL by a practicing advocate Jel Paul Antony contended that the participation of the Indian team should be stayed in protest against the genocide of Tamils in Sri Lanka by that country`s government in the guise of eliminating terrorism.
A Division Bench of the court comprising Justices P Murugesan and C S Karnan adjourned the case, after the advocate of Board of Control for Cricket in India (BCCI) and the government counsel submitted that they did not get instructions from the respective departments and the Board and the High Court Bench did not have the jurisdiction to stay the team`s participation.
The counsel for the petitioner also objected the adjournment of the case stating that the Indian team was leaving for Sri Lanka soon after the conclusion of the Corporate tournament today, in some members of the national team were participating.
It would be a major embarrassment in case the court decided that the team should not play in Sri Lanka. He also disagreed with the government counsel`s contention that Madurai HC bench did not have the jurisdiction to deal with the case, as there was no cause of action.
He contended that any court in the country could be approached with such a prayer.
He also submitted that even the former
Chief Justice of Sri Lanka had condemned the human rights violations and torture of Tamil refugees in the camps there and asked what other proof was needed.
The petitioner also submitted some photographs as proof of the torture of Tamils in the Sri Lankan camps.
The counsel for the petitioner said India had supported the Palestinian and Bangladesh freedom struggles. Moreover, India is a signatory of United Nations Charter to protect human rights.
`What was happening in Lanka was worse than what happened to Blacks in South Africa when apartheid was practiced,` he said.
If the government sends the cricket team to Sri Lanka, the world community would not respect India, he submitted.