Courtesy The Island

Patriotic National Movement, Global Sri Lanka Forum, Swadeshika Jathika Viyaparaya and Thunhela Jathika Viyaparaya have filed a petition, requesting the Supreme Court to prevent the implementation the seven Memorandum of Understanding (MoUs) signed by India and Sri Lanka during Indian Premier Narendra Modi’s recent visit to Colombo.

Challenging constitutionality of the seven MoUs finalised on April 07, 2025, in terms of Article 126 read with Article 17 of the Constitution, the petitioners, Dr. Gunadasa Amarasekera, Dr. Wasantha Bandara, Shyamendra Wickremarachchi, Chaminda Priyadarshana, Dr. Asoka Indrajith Kamaladasa and Ballanthudawa Achchige Nuwan Chamara Indunil asserted that the implementation of MoUs would violate the sovereignty of the people—including their economic sovereignty and right to governance—as well as the independence of Sri Lanka as a free state and nation.

They also warned that the MoUs violated the constitutional rights of the people, rule of law suppressed and annihilated as well the national security and placed the sovereignty of the country at risk.

The petitioners also informed the Supreme Court that they, together with several other patriotic activists, on May 02, 2025, handed over a letter to the Indian High Commission in Colombo to be forwarded to Premier Modi protesting the signing of the MoUs. According to the petition, copy of that letter has been submitted to President Anura Kumara Dissanayake. The MoUs covered implementation of HVDC interconnection for import/export of power, cooperation in the field of sharing successful digital solutions implemented at population scale for digital transformation, development of Trincomalee as an energy hub, defence cooperation, multi-sectoral grant assistance for Eastern Province, cooperation in the field of health and Medicine and cooperation between the Indian Pharmacopoeia Commission and National Medicines Regulatory Authority.

Among the 29 respondents were members of the Cabinet, including the Prime Minister, secretaries to the relevant ministries complicit in the issue at hand, Cabinet Secretary and the Attorney General.

Alleging that the government suppressed the MoUs thereby deprived the right of the people as well as MPs to know the truth, petitioners complained that Cabinet spokesman Dr. Nalinda Jayatissa failed to answer specific questions (1) whether the government had right to amend the clauses of MoUs if they were found to be adverse and detrimental to the interest of Sri Lanka and (2) whether the government agreed, under the defence cooperation agreement with India, that Chinese vessels would not be allowed in Sri Lankan waters?

The petition listed the violation of the Constitution as well as domestic and international laws. Under this heading, the petition dealt with what it called threat to energy and data sovereignty.

Addressing the energy sovereignty of the people and energy security of the country, the petition stated that the ultimate impact of implementation of the intended objectives of the said MOUs would be subjecting Sri Lanka’s connectivity and supply of electricity to the arbitrary decision-making authority of India which may lead the country to experience conditions similar to those recently experienced by the people of Bangladesh and Pakistan consequent to abrupt and arbitrary disconnection of electricity and water supplies respectively.

Declaring that data sovereignty of the people is a prime responsibility of the State, the petition asserted that it was the duty of the state to protect and safeguard to prevent foreign entities, States and individuals from having access to personal information, bio-data, bio matrix data of the natives and State secrets and in the event of failure of the state to provide such protection and security it would endanger the national security including the health and economic security of the people; such move would also discourage the foreign investors for the reason that data fed to local systems would not be secured. (SF)