SC allows three more FR petitions on eviction of Tamil lodgers

The Supreme Court yesterday granted leave to proceed with three fundamental rights violation petitions on the eviction of Tamil lodgers from Colombo by police, in June, and fixed the next hearing for November 28.

The Bench, comprising Justices N.E.Dissanayake, N.G.Amaratunga and Andrew Somawansa, granted leave for the alleged infringement of freedom from torture, right to equality and equal protection of the law as well as discrimination on the grounds of race, religion, language and place of birth, infringement of freedom from arbitrary arrest and detention and freedom of movement and of right to choose one’s place of residence within Sri Lanka.As to the two intervenient petitions filed by Dr. Sulaiman Zurfick of W.A.Silva Mawatha, Wellawatta and D.J.Pandithasekera of Kolonnawa in support of the eviction of Tamil lodgers, Justice Amaratunga asked Counsel M.A.Sumanthiran who appeared for the petitioners whether he objected to the intervention.

Counsel Sumanthiran submitted that he did not object to the intervention as they had the right to intervene and told court that anyway those who profiteered in 1983 intervene.

Court allowed the intervention of the intervenient petitioners Dr Zurfick and Mr. Pandithasekera and they were added as 11th and 12th respondents.

Objections are to be filed within 8 weeks and counter affidavits, if any, are to be filed within 4 weeks thereafter. The matter is listed for hearing on November 28.

The Supreme Court had already issued an Interim Order directing the IGP not to take any steps to evacuate Tamil persons from Colombo or to prevent them from entering and staying in any part of Colombo and granted leave to proceed with the fundamental rights violation petition filed by the Centre for Policy Alternatives and its executive director Mr. Paikiasothy Saravanamuttu.

The court had already granted leave to proceed with the petition filed by CPA and its executive director for the alleged infringement of the fundamental right to equality and equal protection of the law as well as the right to freedom of movement and of choosing residence within Sri Lanka.
The petitions had been filed seeking relief and effective redress in respect of the infringement of the fundamental rights of a large section (Tamils) of Sri Lankan society who have been and are being further discriminated against and gravely prejudiced.

They cited the IGP, OICs of Wellawatte, Pettah, Kotahena and Wattala police stations as well as Army Commander Lt.Gen. Sarath Fonseka, Air Force Commander Air Vice Marshal Roshan Gunatilleke, Navy Commander Vice Admiral Wasantha Karanagoda, Defence Ministry secretary Gotabhaya Rajapaksha and the Attorney General as respondents.

M.A.Sumanthiran with Viran Corea, Ms Sharmaine Gunaratne, Ms Bavani Fonseka, Ms Ermiya Tegal instructed by Mohan Balendra appeared for Centre for Policy Alternatives and its executive director. President’s Counsel K.Kanag Iswaran with M.A.Sumanthiran appeared for 7 other petitioners. J.C.Weliamuna instructed by Lilanthi de Silva appeared for the Tamil businessman Thambirajah Kandasamy. Sarath Wijesinghe instructed by Mahinda Ekanayake appeared for the intervenient petitioner Zurfick. J.Weerasinghe with E.Ellepola and S.Ellapola appeared for Pandithasekera. Additional Solicitor General Palitha Fernando appeared for the Attorney General.