Indo-Lanka defence pact Supreme Court dismisses petitions

AG says govt. has right to be confidential

By Lakmal Sooriyagoda

Two Fundamental Rights petitions filed seeking an order to invalidate the Memorandum of Understanding (MoU) recently signed between Sri Lanka and India were yesterday dismissed by Supreme Court.  

Supreme Court two-judge-bench comprising Justice Achala Wengappuli and Justice Priyantha Fernando decided to dismiss two petitions citing there is no prima facie case to proceed with the applications.  

The Attorney General raised preliminary objections challenging the maintainability of the applications, citing that there is no violation of the law since the Cabinet has granted its approval. Deputy Solicitor General Nirmalan Wigneswaran, appearing for the Attorney General, informed the court that the State has an obligation to maintain the confidentiality of the MoUs signed between the two countries. He said there is no legal requirement for placing the MoUs before Parliament.  

Seven MoUs between India and Sri Lanka, including defence cooperation, sharing successful digital solutions and MoU on Multi-sectoral Grant Assistance for 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.  

President’s Counsel Manohara de Silva submitted to court that these agreements should have been presented before Parliament, as the people are represented by their elected parliamentarians.  

Senior Counsel Canishka Witharana, appearing for another petitioner, told the court that the President’s Office had also failed to provide copies of the said MoUs, despite his client’s request under the Right to Information Act.  

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 law. They stated that the public has not yet been informed about 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 requested 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.