| Published on October 14, 2011 at 2:54 am

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.

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12 Comments to “BREAKING NEWS: US Court grants permission to serve summons on Rajapakse via Tamilnet”

• Kuna

  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?

  Your comment is awaiting moderation.

  Reply

• Akootha

  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.

  Reply

• blue bird

  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.

  Reply

• US Court authorizes use of TamilNet to serve Rajapakse

  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 [...]

  Reply

• Sita

  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.

  Reply

• Lakshman Keerthisinghe

  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.

  Reply

  • rathna L

    October 14, 2011 at 11:45 pm

    Yes that is a good point of legal argument

    Reply

• Jerry Silva

  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

  Reply

• rohan j

  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.

  Reply

• Gihani R Ferdidando

  October 14, 2011 at 6:23 am

  Us has not right to get involved let it deal with its own alleged war criminals

  Reply

• Carthage

  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

  Reply

• Sumana Pathirana

  October 14, 2011 at 6:22 am

  Only Lasantha Wickrematunge would have had the guts to do it

  Reply

• Ramani ekanayake

  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

  Reply

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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 …

By Sonali Samarasinghe Wickrematunge

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