ADDL District Judge Casts Aside Diplomatic Immunity In Sri Lanka

Dr. Kumar Rupesinghe-May 28, 2013 

In recent times, Sri Lanka has come under increased criticism internationally for its failure under the Rajapaksa regime to uphold well established basic international norms such as the Rules of Natural Justice and respect for the necessary independence, jurisdiction and role of the judiciary.

The latest controversial order comes from a District Court, where an Additional District Judge under the regime has cast aside the diplomatic immunity that under international law is available to foreign diplomats in a country of good standing among the community of nations.

Here is the text of the controversial order.

IN THE DISTRICT COURT OF COLOMBO-COURT NO. 08
In the presence of Mrs. Amali Ranaweera Addl.
District Judge
Case No. 03438/2011 D.M.R.
Date 30-04-2013
Recorded by M.M.C. Renu Stenographer

ORDER

The Plaintiff has prayed from his Plaint as the first cause of action t he recovery of a sum of Rs.57,169,452 jointly and severally together with 12% annual interest until payment in full from 1st to 10th Defendant representing the Norwegian Foreign Ministry, as the second cause of action recovery of a sum of Rs.28,259,837.08 joint and severally together with legal interest of 12% until payment in full from 1st to 10th Defendants representing the Norwegian Foreign Ministry as the third cause of action the recovery of a sum of Rs.2,542,198.15 jointly and severally together with legal interest of 12% until payment in full from 1st to 10th Defendants representing the Norwegian Foreign Ministry, costs and other and further reliefs the Court shall seem meet. The Plaintiff has prayed for the above reliefs on three causes of action.

Accordingly the Agreement marked P2 attached to the Plaint which is the first cause of action had been in operation from 01-05-2009 to 14-11-2009 and as there is a right to recover the relevant funds through the officers of the Norwegian Foreign Ministry at least till 14-11-2009, it is required to recover a sum of Rs.57,169,452/together with 12% annual interest till payment in full from 1st to 10th Defendants, a sum of Rs.28,259,837/08 together with interest 12% annual legal interest from 1st to 10th Defendants representing the Norwegian Foreign Ministry being the amounts payable by the Plaintiff to the Staff and authorities employed by the Plaintiff due to the sudden malicious and mala fide termination of the Agreement as their EPF and ETF bonus and other taxes and a sum of Rs.98,528,065.69 as the Plaintiff had to obtain a Bank draft of Rs.2,542,198.15 and 12% annual interest had to be paid on it and the Agreement marked P2 had to be maintained till its last date and also due to the delay in payment and some payments not settling at all by the Norwegian Foreign Ministry officers.

Dr. Kumar Rupesinghe

ADDL District Judge Casts Aside Diplomatic Immunity in Sri Lanka by nelvely