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SC holds, "travel pass system" infringed fundamental rights

by Wasantha Ramanayake

The Supreme Court held that the Fundamental Rights of a displaced merchant in Vavuniya had been infringed by the "travel pass system" and awarded him Rs. 30,000 as compensation and cost.

The court ordered the state to pay the compensation and cost on or before October 31.

The Bench comprised Justices Mark Fernando PC, Asoka de Silva and T.B. Weerasuriya.

Justice Fernando delivering the judgment held that the Petitioner's Fundamental Rights guaranteed under Article 14 (1)(h), had been infringed by the executive action by the application to him of the "travel pass system". The court deciding on the relief, observed that there was evidence that even before the application was filed steps were being taken to relax the travel pass system and it was finally abolished on March 5.

"Perhaps by filing this application, the petitioner accelerated that process. He has succeeded in the vindicating principle involved and having regard to all the circumstances, I consider costs and nominal compensation to be adequate."

Petitioner Arumugam Vadivelu of the Sivasithambarampuram Refugee Camp of Vavuniya cited the OIC of the Sivasithambarampuram Refugee Camp Police Post, OIC Vavuniya Police Station, Civil Affairs Co-ordinator and Government Agent of Vavuniya, the IGP, Secretary to the Defence Ministry, Director, Department of Social Service, Minister of Rehabilitation, Resettlement and Refugees and the Attorney General as respondents. According to the judgement, the petitioner was compelled to obtain a travel pass from Vavuniya to Colombo. The petitioner alleged that the pass system was an infringement of his Fundamental Rights.

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