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2.According to the petitioner, the Government of Sri Lanka has indulged in gross violations of human rights against the innocent Tamil Community in the War against Liberation Tigers of Tamil Eelam (LTTE) in the year 2009, and during such operation, several civilians were killed, tortured and maimed and it also amounts to genocide under the International law and the citizens of India are committed to upholding of human rights and adherence to the International Covenants prescribing mandatory compliance of Principles of Human Rights, and therefore, are constrained to make a request to ensure compliance of Article 51(c) of the Constitution of India and the International Covenants binding upon India.

3.The petitioner would further state that the International Covenant on Civil and Political Rights and so also the Articles viz. 2(1), 6(1), 6(3), 7(1), 26 and 27 thereunder, mandate the rights of human beings to enjoy civil and political freedom and freedom from fear and Article 1 of the Convention on the Prevention and Punishment of the crime of Genocide, 1948, also mandates that genocide, whether committed in time of peace or in time of war, is a crime under international law, which they undertake to prevent and to punish, and the Convention on the Rights of the Child also stipulates that State Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services and no child shall be subjected to torture or other cruel or inhuman treatment or punishment and no child shall be deprived of his or her liberty unlawfully or arbitrarily.

(d)...."

5.According to the petitioner, the several covenants and charters extracted above, to which, India is a signatory, clearly mandate (a) adherence to human rights; (b) punishment for crime of genocide; and (c) the relief from torture or cruel, inhuman or degrading treatment, and since India being a signatory to the above said covenants and charters, the same is binding on the Union of India and in view of the torture and inhuman treatment inflicted at the behest of the Government of Sri Lanka, on the Tamil minority people, who are citizens of Sri Lanka, the petitioner is having a right to make a request to the Government of India to adhere to the legal provisions enshrined in the Constitution of India and the International Covenants and Charters, and to request them to refrain from participating in any manner in the CHOGM conference proposed to be held in Sri Lanka, during November, 2013.

6.Hence the petitioner filed this writ petition styling it as a Public Interest Litigation, for a direction to the first respondent viz. The Secretary to Government, Ministry of External Affairs, Government of India, New Delhi  1, to consider her representation dated 10.9.2013, and dispose of the same within a stipulated timeframe and pass such further or other orders.

7.Mr.J.Saravana Vel, the learned Counsel appearing for the petitioner, made a passionate plea about the sufferings undergone/being undergone by the people of Tamil origin, who are citizens of Sri Lanka, at the hands of Sri Lankan Government, more particularly, the military, and would submit that at the end of the war waged by Sri Lankan Government, against the Liberation Tigers of Tamil Eelam (LTTE), so many innocent civilians of Tamil origin including women and children, who are citizens of Sri Lanka, were tortured and killed and even after killing, their bodies were mutilated and it is a worst example of human rights abuse known, apart from the genocide indulged by Adolf Hitler during the Second World War.