The Supreme Court in Delhi has rejected a plea for an inquiry into claims that Indian forces took part in the final phase of the armed conflict in Sri Lanka, saying the issue is beyond the jurisdiction of the court
The plea, filed by Ram Sankar, secretary of Delhi Tamil Advocates Association, said that Indian military personnel were active in the fighting and some soldiers were injured. A Sikh officer, who was commanding the forces, was seen in the Vanni, said Sankar, who himself was taking part in international humanitarian efforts.
“Asylum seekers have said that a turbaned Indian officer was seen commanding the armed forces that were attacking Kilinochchi and Mullaitivu,
"The authorities, without declaring an open war, deployed the personnel of armed forces in aid and abetment of the armed forces of Sri Lanka. This fact was also not revealed to Parliament, which alone is vested with the power to regulate the military affairs. There is no provision in the Constitution permitting the use of Indian armed forces for any purpose other than for the defence of India," Sankar said.
"This clandestine action of Indian armed forces to assist the Sri Lankan armed forces against Tamil rebels in a domestic conflict, not for the defence of India, in 2008 and 2009 is reported in paragraph 56 of a report prepared by an independent international panel of experts appointed by the United Nations secretary general Ban Ki Moon. It was published on March 31, 2011," the plea read.
However judges at the Supreme Court dismissed the plea by Sankar, saying the issue is beyond the jurisdiction of the court.
"There are issues which are absolutely beyond the domain of the court and this is one of them," the bench said.