CHENNAI: The Madras High Court has dismissed a writ petition from advocate K Balu of Pasumai Thayagam to recall Dilip Sinha, Ambassador and permanent representative of India to the United Nations in Geneva, for voting on the UN Human Rights Council (UNHRC) resolution on war crimes probe in Lanka despite New Delhi’s decision to abstain.
Justice M Sathyanarayanan observed that Sri Lanka being a neighbouring country, it was expected to maintain cordial relationship with Colombo. India’s explanation on the UNHRC vote would prima facie indicate that any external investigative mechanism with an open-ended mandate to monitor national processes for protection of human rights in a country, was not reflective of the constructive approach of dialogue and co-operation envisaged by the UN. In the light of the stand taken by India, this court is of the view that no positive direction can be issued to the Centre to consider petitioner’s representation for taking action against Sinha, the Judge said.
When the petitioner has failed to show any legal right to compel the Centre to do so, a direction could not be issued.
He has failed to show any legal right in the performance of duty by Sinha and he (petitioner) assumed that Sinha has acted contrary to the written explanation, but the contents of the said explanation did indicate otherwise, the Judge added.
