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Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
-
Tamil Poem in Purananuru, circa 500 B.C 

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Home > Tamils - a Trans State Nation > Struggle for Tamil Eelam > Liberation Tigers of Tamil Eelam > The Case of Rajasingham Jeyadevan > Letter from Jeyadevan's Lawyers re tamilnation.org & Response on behalf of tamilnation.org

The Case of Rajasingham Jeyadevan

Letter from Jeyadevan's Lawyers
re The Case of Rajasingham Jeyadevan
& Response on behalf of tamilnation.org


Letter from Jeyadevan's Lawyers re tamilnation.org
Received on 3 May 2005

Date: 29 April 2005

Dear Sirs

www.tamilnation.org

We act for Mr Rajasingham Jayadevan who is a trustee of the Eelapatheeswarar Aslayam Temple in Wembley. We understand that you maintain the website named above. This site contains articles relating to "The case of Rajasingham Jayadevan". This can be clearly seen on the opening page and from there the site links to a series of articles by Sachi Sri Kantha. These are found at www.tamilnation.org/ltte/05jathavan.htm#sachi1 . There are three articles from Sachi Sri  Kantha.

Our client is concerned that much of the articles are plainly defamatory and damaging to our client's reputation. At one point Satchi Sri Srikantha suggests that our client has been receiving an income from Temple facilities. Such comments are seriously damaging to our client's reputation. The natural and ordinary meaning of the words published, at its lowest, is that our client has wrongly been taking income from the Temple. This allegation is untrue and its publication along with the entire tone and thrust of the article has caused our client distress.

Our client has sought the right to respond to the comments made and it is a basic principle of responsible journalism that opposing views should be put. Our client has twice written to you inviting publication of his comments in reply yet such information has not been posted. In contrast Sachi Sri Srikantha has been given the right to respond and has had three articles published. Indeed the entry of 22 April is headed 'Sachi Sri Srikantha responds to...'

Why has no corresponding right to reply been given to our client. Our client values free and open debate but this must be underpinned by the basic principles of responsible journalism.

In view of the defamatory nature of the articles and failure to balance these with a response, our client is considering approaching the internet service provider (ISP) to no longer allow the publication of such defamatory comments. The purpose of this letter is to give you notice of the defamatory material published on your site. Our client believes that those reading the web site would be able to make a fair judgement but would need both sides of the argument put. Although able to seek its removal and damages for such publication our client invites his responses to be posted.

We should be grateful for your confirmation by return that the false allegations about Mr Jayadevan on http://www.tamilnation.org/ltte/05jayathevan.htm#sachi  (three articles) are met with our client's response. Checks on the site will be made regularly. We look forward to hearing from you as a matter of urgency.

Yours faithfully
.
BINDMAN & PARTNERS


Response on behalf of tamilnation.org

3 May 2005

Bindman & Partners
275 Grays Inn Road,
London WC1X 8QB

Your Ref:44591.1 SC PR jw

Recorded Delivery

Dear Sirs,

www.tamilnation.org

We refer to your letter dated 29 April 2005, which was redirected to us at this address - and received by us today.

We admit that we maintain the website named above. You state that your client has 'twice written' to us. The fact is that we have not received any letter from your client whether by e-mail or by post. When were these letters sent? And were they sent by e-mail and/or by post - and to what addresses? Whilst we may understand some of the concerns that your client may have, it would have been helpful if you had

1.checked with your client whether he had received any confirmation of receipt by us of any letter and/or email that he sent; and if your client did not have such confirmation -

2. written to us on behalf of your client to check whether we had in fact received the letters in question, before writing to us in the way you have.

We are mindful that it would be gratuitous for us to advise your client on the steps that he may have taken in this regard. But we are pained that he chose to adopt the course of action that he has, without taking sufficient care to check the facts.

Be that as it may, we now request that you send us copies of the two letters in question (to the address stated above and/or to the email address sathyam + @ + tamilnation.com with request for confirmation of receipt) so that we may give our consideration to publishing the same at  www.tamilnation.org.

We welcome your client's statement that 'those reading the website would be able to make a fair judgment but would need both sides of the argument put' and that he 'values free and open debate' and that 'this must be underpinned by the basic principles of responsible journalism'.

Having said that, we would like to add that we will not be deterred from providing a fair forum for discussion and fair comment on matters of public interest by threats of approaches to internet service providers or for that matter, because 'checks on the site will be made regularly'. We deny that we have published any statement that is defamatory of your client and additionally we deny that we have published any statement which gives rise to any cause of action in favour of your client.

Yours faithfully,

 

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