When two fundamental rights violation petitions against the Army for arbitrarily, illegally, unlawfully and unreasonably preventing petitioners from occupying their own houses situated in the Palaly High Security Zone, were taken up before the Supreme Court yesterday (25), State Counsel U. Egalahewa told court that he had sought instructions from the Army to ascertain whether the petitioners could be permitted to cultivate and put up temporary structures.
The Bench comprised Chief Justice Sarath N. Silva, Justices T.B. Weerasuriya and N.K. Udalagama. These matters were listed to be mentioned on December 12.
The petitions have been filed by TULF Jaffna District Parliamentarian Mavai Senathirajah and V.Rajadurai.
Mavai Senathirajah cited Defence Minister Chandrika Kumaratunga, Prime Minister Ranil Wickremesinghe, Army Commander Lt. Gen. Lionel Balagalle, Jaffna Security Forces Commander, Major General Parami Kulatunga and the Attorney General as respondents.
Mavai Senathirajah in his petition inter alia stated that he and his family had been living in the house owned by his wife at Maviddapuram. In June 1992, they were compelled to move out of their house in Maviddapuram alongwith several other families due to military operations by the Air Force and the Army. Since then they have been living elsewhere.
He wrote to the Chairman of the Resettlement and Rehabilitation Authority for North (RRAN) requesting that he be permitted to return to his village. Although the RRAN recommended that he be permitted to resettle and forwarded his letter to the Army Commander for necessary action, he was not permitted to return.
After the signing of the Cease-fire Agreement between the Government and the LTTE, the Government permitted resettlement in certain areas in the AGA divisions of Valikamam North, in which Maviddapuram is also situated.
Senathirajah wrote to the Defence Minister complaining that the Army was unlawfully preventing him from resettling and to direct the Army not to deny him the right to live in his village.
Initially, he was informed that the matter had been referred to the Army Commander for necessary action. However, after Senathirajah wrote to the Army Commander, drawing his attention to his earlier letter, he was informed that his request could not be accommodated since his house was located within the "Palaly High Security Zone".
He contends that the decision of the respondents not to permit him and his family to occupy their house, is a violation of his rights to equality, freedom to engage in a lawful occupation, freedom from movement and his right to choose a residence within Sri Lanka and that the said violations are continuing to date.
President's Counsel K. Kanag-Iswaran with M.A.Sumanthiran and V.Ganeshalingam instructed by Mohan Balendra appeared for the petitioners.
