HC dismisses PIL on CHOGM; says it cannot interfere in policy

Madras High Court Bench here today dismissed a PIL seeking to restrain the Centre from sending a delegation to the Commonwealth Heads of Government Meeting (CHOGM) scheduled in Sri Lanka from November 15, observing that it could not interfere in a policy decision.

A bench comprising Justices A.Selvam and V.S.Ravi said the participation in the CHOGM related to foreign Policy of the Indian Government.

If the government had taken a policy decision to participate in an international conference, this court could not interfere, they held and dismissed the petition filed by city advocate Royce Emmanuel S.

Pointing out to a resolution passed by Tamil Nadu Assembly on October 24 opposing India's participation in the summit and some other resolutions related to plight of Tamils in Sri Lanka, he said the Centre had so far failed to consider these.

He had submitted a representation on October 25 to the Centre to restrain any Indian delegation from participating in the two-day summit but it had not been considered.

He had prayed the court to issue a direction to the Union Cabinet Secretary to restrain Indian delegation from participating in the meet.

This is the second petition related to India's participation in the CHOGM to be dismissed by the High Court.

The principal bench of the High Court (in Chennai) had on October 29 dismissed a petition seeking a direction to the External Affairs Ministry to take a decision on the plea that India boycott the Commonwealth summit in Sri Lanka, saying the matter pertained to foreign policy of the government.