Wednesday, October 27, 2004

SC asks Attorney General to report on IDP petition by Chitra Weerarathne

The Supreme Court on Monday requested the Attorney General to verify from the Ministry of Defence whether it was possible for two petitioners from Maviddapuran and Kallan Kolledy located in the High Security Zone in Jaffna, to get back to their homeland and cultivate their lands.

Uditha Egalahewa, Senior State Counsel appeared for the Attorney General and told court that at a previous occasion he had been instructed by the Army Commander that mine clearing was still going on and that cultivation could be dangerous in such areas. He said he will get further instructions from the authorities concerned about the latest situation in these areas.

The court gave the Attorney General time till December 3, 2004, to ascertain from the Defence Ministry, whether these petitioners could get back to their home and start activating. The petitioners are M. S. Senathirajah, MP for Jaffna District and V. Rajadurai. K. Kanag Ishwaran, PC appeared for Senathirajah while M. A. Sumanthiran appeared for Rajadurai.

The bench comprised, the Chief Justice Sarath N. Silva, Justice T. B. weerasuriya and Justice N. K. Udalagama.

The petitioners had complained to the court about an alleged delay on the part of the Defence Ministry to grant them permission to get to their village homes and start cultivating. The petitioners had alleged arbitrary treatment and a denial of the freedom of movement by the respondents, the Secretary Defence and the Army Commander.