AG to raise objections against FR petitions challenging the legality of Sri Lanka-India MoUs

By Lakmal Sooriyagoda   

The Attorney General’s Department yesterday informed the  Supreme Court that it expects to file objections to two Fundamental  Rights petitions filed challenging the legality of the recently signed  Memorandum 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 Wignashwaran, 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 an 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.   

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 further 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 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 the Parliament by not presenting them to the  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.