Two FR petitions challenging the legality of Sri Lanka - India MoUs fixed for June 12

Petitioners 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

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

A two-judge bench comprising Justices Achala Wengappuli and Menaka Wijesundera, Senior Counsel Canishka Witharana sought the earliest possible date to support the application, citing the urgency and national importance of the matter 

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 fixed for June 12 by the Supreme Court.   
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.   
When the matter was called before the Supreme Court, a two-judge bench comprising Justices Achala Wengappuli and Menaka Wijesundera, Senior Counsel Canishka Witharana sought the earliest possible date to support the application, citing the urgency and national importance of the matter. Accordingly, the petitions were fixed for June 12.   
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 and Sachintha Rodrigo appeared for the petitioners.