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BREAKING NEWS: US Court grants permission to serve summons on Rajapakse via Tamilnet
WASHINGTON DC, 13 OCTOBER 1431hrs: The United States District Court a little while ago granted
Attorney Bruce Fein discuss the case with his assistants in his office
Plaintiffs Manoharan et al their motion to serve summons on Sri Lanka President Mahinda Rajapakse by publication or alternative means. President Rajapakse is being accused of war crimes.
In granting Plaintiff’s motion filed October 1, judge Colleen Kollar-Kotelly said the Plaintiffs were authorised to complete service upon defendant Rajapakse in his personal capacity by publishing in two Sri Lankan newspapers with the largest circulation and on the main page of the Tamilnet website.
“The order read thus “Pursuant to Fed. R. Civ. P. 4(f)(3), Plaintiffs’ [6] Motion for Service by Publication or Alternative Means is GRANTED IN PART. Plaintiffs are authorized to complete service upon the Defendant in his personal capacity by December 27, 2011 by publishing in two Sri Lankan newspapers with the largest national circulation three times per week on a staggered schedule to cover six days each week for a period of four weeks and by posting the full summons and complaint on the main page of the TamilNet website. Plaintiffs shall file proof of service upon Defendant by publication by December 27, 2011. Plaintiffs’ motion is DENIED to the extent it seeks to serve Defendant in his official capacity through means other than as required by Fed. R. Civ. P. 4(j)(1) and 28 U.S.C. § 1608(a). Signed by Judge Colleen Kollar-Kotelly on 10/13/11.(lcckk2)”
Attorney for the Plaintiffs Bruce Fein explaining the order given today at 12.31pm said that in granting the motion the courts had authorised the service of summons to Mahinda Rajapakse in his personal capacity and therefore by publication in a newspaper and website as he would be expected to read newspapers and websites both in his official and personal capacity. The court however denied service of summons through Rajapakse’s facebook, PO Box or twitter account as these accounts had been set up in his and pursuant to his official capacity as President of Sri Lanka and not in his personal capacity.
The Motion was filed in the United States District Court on October 1, seeking court authorisation to serve the summons by alternative means through publication in newspapers of general circulation in Sri Lanka, and through additional means, as all conventional methods have been rejected or evaded by President Rajapakse.
The Plaintiffs in the case are seeking damages in excess of $30 million against President Rajapakse for actions allegedly occurring under his command responsibility as Head of State and Commander-in-Chief of the Armed Forces.
The complaint alleges that President Rajapakse held command responsibility for the extrajudicial killings of Ragihar Manoharan, the son of Plaintiff Dr. Kasippillai Manoharan, Premas Anandarajah, a humanitarian aid worker for Action Against Hunger, and first husband of Plaintiff Kalaiselvi Lavan, and four members of the Tevarajah family, all relatives of Plaintiff Jeyakumar Aiyathurai.
Now the President can no longer claim he is unaware of the charges alleged against him,” Plaintiffs’ Attorney Bruce Fein told Lanka Standard.
A legal expert told this website that the granting of this motion was in itself a huge victory for the Plaintiffs and perhaps an indication of the acceptance by the Courts that the Complaint is sufficiently serious with a sound legal basis that has the potential to go to term rather than crash in the early stages on preliminary objections.
Meanwhile Fein told the Lanka Standard that “news outlets who publish this complaint in Sri Lanka have my full admiration for their courage in the wake of an oppressive regime who have stifled free speech and continue to act with impunity.”
Up until now all attempts to serve the summons on the President have been refused or rejected by Sri Lanka’s head of State including those under the Hague Convention, but international pressure on the regime is mounting.
25 Comments to “BREAKING NEWS: US Court grants permission to serve summons on Rajapakse via Tamilnet”
February 18, 2012 at 1:22 am
whoah this blog is fantastic i love reading your articles. Keep up the good work!
December 18, 2011 at 2:08 am
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May 21, 2012 at 1:31 am
why on earth wud they copy the SRI LANKAN airlines ufrionm?? no originality wot so ever..Tha same saree in blue. did mihin really think they can compete with an airline like UL? gosh they have a very long way to go..
November 16, 2011 at 11:45 pm
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October 20, 2011 at 2:53 am
great news
April 2, 2012 at 11:40 pm
I think this is one of bravest doicsiin ever made by SLBC.Good job and keep it up but still we should concider about Vass whos is still tallent and can make nlots of impact to the opponent. still that is a call of the supperios. what we need al is perform well and have a good name for our mother land.What ever happend win or loose we love our team cos we are sri lankan.come on guys lets play some good cricket and will try and erase the bad cloudes (0)
October 17, 2011 at 5:08 pm
[…] other victims of Rajapaksa endorsed or sponsored extra-judicial killings or torture.” Meanwhile, another Sri Lanka website run by exiled journalists said that "[a] legal expert told this website that the granting of this motion was in itself a huge […]
October 17, 2011 at 5:04 pm
[…] 11 […]
October 17, 2011 at 4:56 pm
Its difficuilt to judge the results of this case as there are number of points in law, are forthcomming to counter as usual. If this passed by a Judge from a USA court, there should be something positive.
However, a LAWLESS country of this nature would not take this seriously as these are the points with what the ruling family could stay in power.
This is a very credible poit to Rajapakse faamily?
October 17, 2011 at 1:34 pm
I strongly support for the US Court’s actions against the Srilankan President Mr.Rajapakese who killed numerous innocent Tamil people in Srilanka and still doing atrocities against the Tamil people.I wonder how and why the President of Srilanka Mr.Rajapakse and Sinhalese people follows the religion of Buddha which teaches the HUMANITY to people and also it is belongs to the People of Tamil in India? Whether the God Buddha told to kill innocent citizens in Srilanka? Once upon a time, the country was ruled by our forefathers (Mallars) Kings Raja Raja cholan who ruled there straightward and given his citizens all rights, even though they ruled in the Kingdom.
October 15, 2011 at 8:24 pm
No one should be above the law. There are ample evidence to arrest and punish those committed serious against humanity in Sri Lanka. The UN too has asked Sri Lanka to act, but has not resulted in any meaningful investigation.
This leaves to believe that President Rajabakse is the responsible for the war crimes.
April 3, 2012 at 1:03 am
Vayadhamma SankharaAppamadena Sampadetha “Subject to change are all coonitinded things. Strive on with diligence.”- Buddha “Investing in wholesome and proper education today will result in blooming flowers of mankind tomorrow.” “We reap what we sow.”
October 15, 2011 at 7:27 pm
we must to do this, we have to stop mahinda and brothers business,now they start to kill with singala youngers too.
October 15, 2011 at 5:19 pm
[…] another Sri Lanka website run by exiled journalists said that “[a] legal expert told this website that the granting of this motion was in itself a huge […]
October 15, 2011 at 12:43 am
If HE is innocent let him prove .Let him face court.
.
Only thing is HE IS A BEAST.
October 14, 2011 at 10:09 am
The order of the US Court stating :’The Plaintiffs are authorized to complete service upon the Defendant in his personal capacity..’is untenable in law as the Defendant President Mahinda Rajapakse HAS BEEN CHARGED IN COURT IN HIS EXCELLENCY’S OFFICIAL CAPACITY BASED ON COMMAND RESPONSIBILITY.MR.MAHINDA RAJAPAKSE IN HIS PERSONAL CAPACITY DOES NOT POSSESS COMMAND RESPONSIBILITY.
ON A PRELIMINARY OBJECTION ON THE SAID GROUNDS THE ORDER ON SERVICE HAS TO BE HELD AS BAD IN LAW, IF NOT IN THE LOWER COURT IN A SUPERIOR COURT BY MOVING IN REVISION AGAINST THIS ORDER.
October 14, 2011 at 11:45 pm
Yes that is a good point of legal argument
October 14, 2011 at 6:26 am
There is no basis for this, countries cant enact domestic laws affecting citizens of other sovereign nations if the world succumbs to this then they a acceding to US superiority. Its absurd
October 17, 2011 at 1:27 pm
Dear Mr.Jerry Silva, Your comments are not acceptable one. Your comments exposed the support to the President of Lanka Mr.Rajapakse’s inhuman/brutal innocent killings of Tamils in Srilanka.If your relations or your country’s national killed by Mr.Rajapaksea, are you support or justify of Mr.Rajapakse? The accusation on Mr.Rajapakse is clearly one and undisputable with evidences. You said that no one can not intereference in the individual country’s sovereign. They why all countries in the world formed / created the United Nations and International Court of Justice?
Hence, the US court/UN/International court of Justice has the sole rights to interfere in any inhuman activities in any countries with fair manner, if any one country in the world ruled tyrant rule or doing the Genocide. So, Mr.President has the sole responsibility to face the US court’s summons.
October 14, 2011 at 6:24 am
alleluia, now the show can begin.
what will the almighty of the sinhala race do next. r j.
October 14, 2011 at 6:23 am
Us has not right to get involved let it deal with its own alleged war criminals
April 2, 2012 at 5:13 pm
definitely selecters sholud give a chance to jeewantha kulatunga bec he was the man of the tournament of provincial t20 competition and only player who got a century in that tourment. and scored centuries in all pro . formats this year namely 4 dayers, 50 overs and t20 . but selecters haven’t considered his talent so far jeevantha sholud be selected . and age is not a problem to talent .. (0)
October 14, 2011 at 6:23 am
This is indeed a huge victory but also a very interesting case to follow in terms of the law and how it will pan out
October 14, 2011 at 6:22 am
Only Lasantha Wickrematunge would have had the guts to do it
October 14, 2011 at 6:21 am
Let’s hope something comes of it. wonder how brave the media will be , i doubt they have a choice though