Chennai : Refusing to entertain pleas inspired by regional considerations, the Madras High Court on Thursday dismissed a petition seeking to recall Dilip Sinha, India’s permanent representative to the United Nations, for not voting against Sri Lanka during a resolution moved in the UN Human Rights Council in March this year.
Justice M Sathyanaranan held that India is rather expected to maintain cordial relationship with Sri Lanka, a neighbouring country.
K Balu, an advocate belonging to the PMK, have moved the court against the Indian envoy, stating that India had abstained from voting for the resolution introduced by 42 member countries; for promoting reconciliation, accountability and human rights in the Island Nation. Dilip Sinha had participated in the meeting on behalf of India.
According to the petitioner, China and Pakistan had sought adjournment of the resolution and this demand was put to vote. Besides, Pakistan’s plea for deletion of paragraph 10 of the resolution was also put to vote. Though India decided to abstain from voting on the main resolution, Dilip Sinha had voted in favour of the adjournment and deletion of para 10 of the resolution.
The petitioner argued that Union Cabinet Ministers had disowned Sinha’s decision and therefore, he should be recalled from the UN.
In his verdict, Justice M Sathyanarayanan said that India’s explanation to 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, is not reflective of the constructive approach of dialogue and co-operation envisaged by the UN General Assembly resolution. In the light of this 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 and dismissed the petition.
