- author, Ranjan Arun Prasad
- position, For BBC Tamil
image source, Getty Images
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The Supreme Court of India has ruled to acquit the 6 convicts in the assassination case of former Indian Prime Minister Rajiv Gandhi. Four of those six are Sri Lankan nationals.
Nalini’s husband Sriharan alias Murugan, Santhan, Robert Pius Mararum Jayakumar are from Sri Lanka.
Among them, Shanthan and Murugan are Sri Lankan passport holders.
Robert Pius and Jayakumar had traveled to Tamil Nadu in 1990 and had refugee status there.
Thus, it is questionable whether these four Sri Lankans who have been released in this case have the opportunity to visit Sri Lanka.
While the LTTE is still banned in Sri Lanka, can the Sri Lankan citizens who were arrested and released in India in connection with the attack of the LTTE come back to the country? The question arises.
Can you come to Sri Lanka?
Perhaps the Sri Lankan government can re-arrest those visiting Sri Lanka as LTTE?
Is there a chance for the Sri Lankans who were freed in this case to visit the country again? BBC Tamil asked some legal experts about it.
President’s Counsel U.R.T. Silva
BBC Tamil asked Sri Lanka’s famous presidential lawyer URT Silva about these questions.
“They have no problem in visiting Sri Lanka. If they have a passport, if they have a visa, they can certainly visit the country. However, if their names are included in the list of suspects in connection with any charge, they can be arrested,” says Silva.
Can people arrested and released in India on charges related to a banned organization in Sri Lanka be re-arrested on the same charges? We asked Presidential Counsel UR T Silva.
“No arrest can be made on that charge. Must have committed any crime within Sri Lanka. For example, if they have provided funds for the activities of the LTTE, or if they have provided other forms of cooperation, they can be arrested,” he replied.
What does the Human Rights Commission say?
We asked Pradeepa Mahanamaheva, former Commissioner of the Sri Lankan Human Rights Commission, the same questions.
Advocate Pradeepa Mahanamaheva
“They can visit Sri Lanka. The LTTE continues to be banned in Sri Lanka. If they are members, the names of the members of the LTTE are also included in the blacklist.
These are only suspected LTTE members. However, the name LTTE was not inscribed on them.
If they are fully acquitted, they are acquitted without punishment. If so, they have a fundamental right. A Sri Lankan citizen can visit Sri Lanka at any time.
Article 14 finally states that you can leave the country at any time. If you have committed other crimes, you may be arrested. But there are no other crimes.
If that is the case, they cannot be arrested,” says Pratibha Mahanamaheva, a former commissioner of the Sri Lankan Human Rights Commission.
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Doubtful lawyer
“They can visit Sri Lanka. The LTTE continues to be banned in Sri Lanka. If they are members, the names of the members of the LTTE are also included in the blacklist.
These are only suspected LTTE members. However, the name LTTE was not inscribed on them.
If they are fully acquitted, they are acquitted without punishment. If so, they have a fundamental right. A Sri Lankan citizen can visit Sri Lanka at any time.
Article 14 finally states that you can leave the country at any time. If you have committed other crimes, you may be arrested. But there are no other crimes.
If that is the case, they cannot be arrested,” says Pratibha Mahanamaheva, a former commissioner of the Sri Lankan Human Rights Commission.
Meanwhile, senior lawyer Ilayathambi Thambaiah tells BBC Tamil that if the four men are confirmed to be LTTE members, it may become a problem for them.
Lawyer Ilayathambi Tambaiya
“If they are LTTE members and have been mentioned in the crime press as helping to carry out this attack, they have a problem. LTTE is a banned organisation.
The Sri Lankan government should lift the ban. Sri Lanka has removed the names of some banned persons from the banned list. If there is a ban on them, that ban should be removed. They have problem in India too.
They will be sent to camps. They will not be allowed to move in India. In the absence of natives, they are sent to camps.
However, if India gives them a visa, they can stay there. There is a question whether Sri Lanka will accept the extradition. We cannot go to Sri Lanka and they can request us to issue a residence visa.
If it is refused, the court of that country can be approached. If Sri Lanka gives them permission to visit, there will be no problem,” says senior lawyer Ilayathambi Thambaiya.
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