SC rejects Sivasankaran, founder of Aircel’s claim to diplomatic immunity

New Delhi, Dec 9 : The Supreme Court has rejected the plea of diplomatic immunity raised by Aircel founder C.Sivasankaran to resist the prosecution in money laundering cases in India, LiveLaw reported.

A bench comprising Justices A.M.Khanwilkar, Dinesh Maheshwari and C.T.Ravikumar dismissed the writ petition filed in 2019 by Sivasankaran, who claimed that he was an Ambassador of the Republic of Seychelles.The bench noted that the Madras High Court had rejected Sivasankarans plea for diplomatic immunity in 2019 and that he had filed the writ petition in the Supreme Court without challenging the High Court judgment, the report said.

Further, the bench also took note of a communication from the Seychelles Government to the Ministry of External Affairs in which it was stated that while Sivasankaran was the ambassador-at-large of Seychelles and had a diplomatic passport, his presence in India had no diplomatic purpose.Senior Advocate Maninder Singh, who appeared for Sivasankaran, submitted that the petitioner was a serving Ambassador of the Republic of Seychelles and he has immunity under the Vienna Convention from criminal proceedings in India.

Solicitor General of India Tushar Mehta, appearing for the Union Government, relied on the Seychelles Governments communication to submit that Sivasankarans presence in India was not on official duty.Taking note of these factors, the bench held that Sivasankarans claims for diplomatic immunity cannot be accepted.

Further, the bench observed that the Madras High Courts judgment "stares at the petitioner".It also expressed its agreement with the views of the Madras High Court, the report said.

san/dpb The bench also noted a communication from Seychelles to the Ministry of External Affairs, in which it was stated, among other things, that Sivasankaran was the ambassador at-large of Seychelles, and had a diplomatic passport.However, his presence in India was not for diplomatic purposesThe report stated that Sivasankaran had unsuccessfully sought diplomatic immunity in 2019, and that Sivasankaran had filed the writ request to the Supreme Court without contesting the High Courts decision.

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