Courtesy The Daily Mirror

Colombo, June 16 (Daily Mirror) – The Attorney General’s Department today informed the Supreme Court that it expects to file objections to two Fundamental Rights petitions filed challenging the legality of the recently signed Memoranda of Understanding (MoU) between Sri Lanka and India.

When the matter was called before the Supreme Court, a three-judge bench comprising Justices S. Thurairaja, Priyantha Fernando and Menaka Wijesundara, the Attorney General sought further time to obtain instructions from the Cabinet of Ministers.

Deputy Solicitor General Nirmalan Wigneshwaran, appearing on behalf of the Attorney General, informed the Supreme Court that they expect to file objections to the petitions within two weeks. 

The Court granted permission for the Attorney General to file objections and directed the petitioners to file counter-objections, if necessary. Accordingly, the Court fixed the two petitions for support on August 4.

Seven MoUs between India and Sri Lanka, including defence cooperation, sharing successful digital solutions and MoU on Multi-sectoral Grant Assistance for the Eastern Province, were exchanged on April 5 at the Presidential Secretariat in the presence of President Anura Kumara Dissanayake and Indian Prime Minister Narendra Modi.

A group of petitioners, including President of the Patriotic National Movement Dr. Gunadasa Amarasekara, filed this petition, naming Prime Minister Dr. Harini Amarasuriya, members of the Cabinet of Ministers, the Attorney General and several others as respondents.

The petitioners alleged that the recently signed MoUs are contrary to the Constitution of Sri Lanka as well as international laws. They further stated that the public has not yet been informed of the contents of these MoUs, which constitutes a violation of the people’s constitutional rights. The petitioners claimed that the agreements undermine Sri Lanka’s sovereignty and territorial integrity, and that the government’s decision to sign them without presenting them to Parliament is unlawful.

The petitioners are requesting the Supreme Court to rule that their fundamental rights have been violated and to issue an interim order preventing the implementation of the said agreements.

The petitioners alleged that the respondents acted in collusion and violating their constitutional commitments by the people of Sri Lanka by suppressing and concealing the contents of the said Memoranda of Understanding from the people of Sri Lanka and their representatives in Parliament by not presenting them to Parliament. 

They further stated that under Article 14A of the Constitution, the People are constitutionally entitled to have access to information and to know of the contents of the said Memoranda of Understanding both before and after the signing of the same. 

Senior Counsel Canishka Witharana appeared for the petitioners.