Petition seeking Court approval dismissed

By Kamal Weeraratne | Published: 2:00 AM Nov 21 2020

By Kamal Weeraratne

Jaffna High Court Judge Premasankar, on 20 November, accepted the objections raised by Senior Additional Solicitor General Sumathi Dharmawardena and dismissed a writ petition seeking approval to stage the Maveerar commemoration events at 16 locations within the Jaffna Peninsula on 26 and 27 November.

The writ petition had been forwarded by a group of parents and relatives of deceased Liberation Tigers of Tamil Eelam (LTTE) cadres, while a group of lawyers led by Tamil National Alliance MP President’s Counsel M.A. Sumanthiran had made submissions on behalf of the petitioners. In addition to Dharmawardena, the Attorney General’s Department was also represented by Senior Deputy Solicitor General Haripriya Jayasundara, Senior State Counsel Fathima Shaheeda Mohamed Barrie and State Counsel Tharsika Thirukumaranathan. 

Dharmawardena told the Court that efforts were being made to stage commemorative events to honour the fallen cadres of the LTTE, which has already been proscribed in 38 countries, including Sri Lanka since 1983.

He said if official approval is granted to stage such events anywhere across the country, it would be a direct violation of the Articles of the Constitution and urged the Jaffna High Court not to be a party to such unlawful actions.

Dharmawardena further said all responsibility concerning the country’s territorial integrity and sovereignty lies with the Central Government and observed that Provincial Councils cannot intervene in such issues as allegedly claimed by Sumanthiran.

He said the High Court does not have the powers vested with it to issue a writ order as sought by the petitioners.

Dharmawardena added the unjust demands of the petitioners clearly violate the provisions contained in Sections of the Prevention of Terrorism Act and the International Covenant on Civil and Political Rights Act and explained that the High Court should issue an order to invalidate the petitions.

Taking the submissions into consideration, Justice Premasankar rejected the petitions.

By Kamal Weeraratne | Published: 2:00 AM Nov 21 2020

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