India's External Affairs Ministry reportedly informed the Madras High Court that Douglas Devananda, as a cabinet minister of Sri Lanka, could not be arrested as he enjoys diplomatic immunity, warning that any attempt to arrest Devananda would sour relations between Sri Lanka and India.
Devanda, leader of the pro-government paramilitary group-cum-political party, EPDP, is wanted in a 1986 shootout and murder case in Chennai, Tamil Nadu.
He was also been accused of kidnapping a boy in 1988. In 1989, he was arrested and later let out on bail.
Under Secretary in the Ministry of External Affairs, Kaghal Matha Praphullachandra Sharma, also stated that India did not have an extradition treaty with Sri Lanka.
However, according to a report in the The Hindu, under sub-section (1) of Section 3 of the Extradition Act, there was an extradition arrangement between the governments with effect from September 1, 1978.
Leaked US embassy cables, sent in June 2009, describe Devananda to have a "violent and even criminal history", showing "few signs of reforming".
The cable's author, also drew attention to the "close ties [that] continue between the top levels of the GSL and Devananda", before concluding,
"Embassy has privately pushed the Sri Lankan government not to install a Devananda-led regime in the north.
"In light of Devananda's lack of legitimate popular support, we remain concerned that local or provincial-level elections held hastily in the North could be manipulated to put Devananda and the EPDP into power at the expense of legitimate Tamil representatives, thereby undermining the post-conflict reconciliation process."
"We have told senior interlocutors (including Devananda himself) that the violence of its armed wing's tactics and the continuing criminal activities of EPDP cadres in Jaffna and Colombo would pose serious obstacles to U.S. cooperation with a provincial government led by him, or working in conjunction with an EPDP-led northern administration on reconstruction efforts."
