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by Wasantha Ramanayake

The Supreme Court on Thursday granted Leave to Proceed with two Fundamental Rights applications filed by a group of immigration officers attached to the Bandaranaike International Airport who had been allegedly interdicted in violation of their rights.

The Bench comprised Justices Mark Fernando PC, Ameer Ismail and T. B. Weerasuriya. The court observed that the order would not prejudice the issueance of the charge sheet or holding an inquiry.

Petitioners U. Kannangara, K.S.K. Chandrasekera, S.D.A. Karunaratne, M.U.L.M. Gamini, P.D.R.S. Seneviratne and W.P.A.S. Perera cited the Controller of Immigration and Emigration, Secretary to the Ministry of Interior, Chairman and the members of the Public Services Commission and the Attorney General as respondents.

Counsel L.C. Seneviratne PC for petitioner submitted that petitioners were "Authorised Officers" officers of the Immigration and Emigration Department attached to the Katunayake Airport. The petitioners would check, stamp, and counter sign passports of all passengers, arriving and departing the Sri Lanka.

The counsel submitted that petitioners had unblemished service records in the Department. The counsel said that the petitioners were served with the letters of interdiction on September 9, by the first respondent, alleging that they had allowed certain Sri Lankan Nationals to leave the country on forged passports. The Petitioners did not have any reason to allow the said passengers to leave the country illegally: they had not known the said passports were forged since Authorised Officers could not effectively scrutinize each passenger and their passports in less than 37 seconds, the time stipulated by the International Civil Organization for the purpose.

According to the counsel the said fraudulent passports were identified in foreign countries using advanced technology, whereas the petitioners scrutinize them with the naked eye.

The counsel contended that first respondent did not have the powers to impose disciplinary measures. He also submitted that the first respondent had maliciously interdicted the petitioner in violation of their rights.

The respondents objections to be filed on or before November 7.

L.C. Seneviratne PC with Sanjeewa Jayawardane appeared for petitioners. State counsel Rajeev Gunatilake appeared for the respondents.

The hearing was fixed for January 21, 2004.

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