1. The petition is filed seeking a direction to call for the records in Crl.M.P.No.3803 of 1994 against S.C.No.60/87 on the file of the learned IV Additional Sessions Court, Chennai and quash the same.

2. The petitioner and 9 others were charge sheeted for the offence punishable under Secs.147, 148, 307 and 302 IPC r/w Sec.25 of Indian Arms Act by the respondents.

3. The brief facts are as follows. The petitioner and others are citizens of Srilanka known as Srilankan Tamils and belong to Eelam People Revolutionary Liberation Front. (EPRLF). During the Srilankan conflict in the year 1986, they were in Tamil Nadu and were temporarily residing at door No.3, Ist street, Thiruvallurpuram, Chennai. On 1.11.1986 around 2.00 p.m, one Selvanathan, S/o Logeswaran, Ravi, S/o Chinnaiyan, Raghu S/o Ganesh, Selvam S/o Chidambaram, all are Srilankan Tamils, were proceeding from M.M. Colony towards their residence. They picked up quarrel with some local people.

4. One Nagarajan, Chandran and the deceased Thirunavukarasu questioned the act of the Srilankans and they were assaulted by them. On seeing this, the public gathered.

5. Selvanathan, ran to their residence and returned with AK-47. One Suresh and Ramanan also came there with automatic rifles. They opened fire indiscriminately at the public. The deceased Thirunavukkarasu raised his arms and shouted at the Srilankans Tamils not to fire. However, the said Selvanathan, with his automatic rifle, aimed at the deceased Thirunavukkarasu and with an intention to cause his death, fired at him and the said Thirunavukkarasu succumbed to the riffle shot.

6. One Suresh fired at Paneer selvam and caused grievous injuries. Ramanan indiscriminately fired at two other witnesses. The other accused viz., the present petitioner, Duglas Devanandha, Sathish Kumar and Roopan and Prateep joined the unlawful assembly, armed with deadly weapons.

7. All the accused climbed upon the terrace of the neighbouring house and opened fire indiscriminately.

8. A complaint was given before the Inspector of Police, R-5, Choolaimedu Police Station and a case was registered in Cr.No.1346 of 1986. The Inspector of Police investigated the matter and filed a charge sheet against 10 persons, who are all Srilankan Tamils, before the learned 17th Metropolitan Magistrate and the case was committed to the IV Additional Sessions Judge, Chennai and the case was taken on file in S.C.No.60 of 1987. All the accused were released on bail and for some time the accused persons appeared before the Sessions Court and thereafter they remained absent and non bailable warrants have been issued against all the accused. The case was adjourned from time to time stating NBW pending.

9. The Inspector of Police, Aminjakarai Police Station filed an application in M.P No.3803 of 1994 under Sec.82 of Cr.P.C to declare the accused as "absconding accused" under the provisions of the Code. The learned V Additional Judge, who was in charge of IV Additional Court passed an order on 30.6.1994 allowing the application and passed an order proclaiming the accused as "absconding accused" and directed the respondents to publish the proclamation in one issue of Tamil Daily Newspaper and one issue of English Daily Newspaper and also by affixure of proclamation. The court also required the absconding accused to appear before the Court between 10.00 a.m and 5.00 p.m on or before 28.9.1994. As per order, the proclamation should be effected on or before 15.7.1994. The respondent effected the publication and also affixed the same on the last known address.

10. Thus, the proclamation was effected and the accused did not appear before the learned Sessions Judge, as required in the proclamation. That being the position, the petitioner has now come forward before this Court to quash the proclamation on the following grounds:

i) the paper publication effected was not in accordance with the order dated 30.6.1994.

ii) the paper cuttings of one Tamil Daily and Engl