Court to reject FR petitions on Champoor HSZ

[TamilNet, Tuesday, 31 July 2007, 10:59 GMT]
The Sri Lanka's Supreme Court Monday directed the Registrar not to entertain any Fundamental Rights (FR) application against the gazette notification declaring Champoor and Moothoor east division as high security zones (HSZs). The three-member bench of the Supreme Court chaired by the Chief Justice Sarath Silva that heard submissions on the matter, issued this directive. Justices Rajah Fernando and Jagath Balapattebendi were other members of the bench, legal sources said.

President Counsel Kanag-Easwaran with a team of lawyers argued in support of the FR petitions filed by N.Suntharalingam, R.Nadarajah, S.Gopalakrishnan and P.Ratnasingham challenging the gazette notification declaring Champoor and Moothoor east as high security zones.

Deputy Solicitor General Mr.Yasantha Kottegoda appeared for the respondents Defence Minister Mahinda Rajapakse, Defence Secretary Gothabaya Rajapakse, Major General Parakrama Pannipitya, Eastern Commander of the SLA, Lt.General Sarath Fonseka, SLA Commander, Air Force Vice Marshal Roshan Gunatilake, Rear Admiral Wasantha Karanagoda, Commander of the Sri Lanka Navy, Inspector general of Police Victor Perera, Attorney General and Head of the Board of Investment of Sri Lanka.

The SC bench in its order said: "The court had already rejected the petition filed by the Centre for Policy Alternatives (CPA) and its Executive Director Dr.Paikiyasothy Saravanamuttu against the gazette notification declaring fifty percent of the area located in Moothoor divisional secretariat division including Moothoor east and Champoor. Now another fundamental rights violation petition has come up before this court. The court directs its Registrar not to entertain any more FR petitions in this regard.

"Those displaced should be resettled in their own lands and restart their trade and occupation. The government has already taken steps in this regard. The petitioners and others displaced from Moothoor and Champoor could make their applications with deeds for resettlement and restart their occupation to authorized officers concerned. The authorised officers would scrutinize all applications to find out whether the applicants are genuine residents or terrorists. Terrorists would not be allowed for resettlement. Applications should be sent to Major General Parakrama Pannipitya, SLA Commander for eastern region through Deputy Solicitor General Yasantha Kottegoda of the Attorney General Department."