AG RAISES PRELIMINARY OBJECTIONS

The Attorney General yesterday raised preliminary objections against a Fundamental Rights petition filed by MP Vasudeva Nanayakkara who sought an order to quash the Framework Agreement entered into by the Government of Sri Lanka with two Chinese companies.

When the petition was taken up before Justice Buwaneka Aluvihare, Justice Sisira de Abrew and Justice Anil Goonaratne, Additional Solicitor General Sanjay Rajaratnam appearing for the Sri Lanka Port Authority informed Court that Memorandum of Understandings (MOU) pertaining to the Hambantota harbour had been signed on three occasions in 2007, 2012 and 2014.

ASG Rajaratnam informed Court that these agreements had been signed with Chinese companies while the petitioner Vasudeva Nanayakkara was functioning as a Cabinet Minister and alleged that the petitioner has not disclosed the facts of the case.

“The first and second phrases of the Hambantota project were signed in 2012 and 2014. This is a continuous and uninterrupted process from 2007. The petitioner has concealed this fact through his petition and he was a member of the Cabinet at the time the Cabinet Paper was presented,” Rajaratnam added.

He further informed Court that the final agreement between the Chinese companies and Government of Sri Lanka is yet to be finalised and thereby the petition cannot be maintained.

The Attorney General moved Court that the petitioner be dismissed for non-disclose of the material facts of the petition arguing that the petitioner does not have locus standi to invoke the Court’s jurisdiction. The petition will be taken up for support on May 29.

The petitioner cited members of the Cabinet of Ministers, members of the Cabinet Appointed Negotiating Committee (referred to as the CANC and also sometimes referred to as the Committee of Secretaries), the Director General of the Department of External Resources of the Ministry of National Polices and Economic Affairs, Sri Lanka Ports Authority, China Merchants Port Holdings Company Limited and China Communications Constructions Company as respondents.

The Petitioner states that this petition relates inter alia to the infringement and imminent infringement and continuing infringement of the Petitioners fundamental rights guaranteed in terms of Article 12 (1) of the Constitution, by the arbitrary, capricious, mala fide and illegal and unlawful decision of the respondents to enter into an agreement with the People’s Republic of China for the promotion of investment in Sri Lanka by Chinese investors and lease and convey and enter into an agreement or in any other manner dispose approximately 15,000 acres of land and/or 50 Square Kilometers.

The petitioner further sought a Declaration that the Framework Agreement dated 08.12.2016 as null and void, and declare that the said agreement has no force of law until the same is approved by Parliament, as required by Article 157 of the Constitution. President’s Counsel Manohara de Silva appeared for the petitioner. President’s Counsel Manohara de Silva appeared for the petitioner ASG Sanjay Rajaratnam with DSG Nerin Pulle appeared for the Attorney General. 

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