P-TOMS redundant under proposed new Act - H.L.

by Wasantha Ramanayake

It would not be necessary to proceed with the rights applications with regard to the P-TOMS since the new government was taking steps to enforce a National Disaster Management Council Act soon, Senior Counsel H.L. de Silva PC for the petitioners submitted before the Supreme Court, yesterday.

The Counsel submitted that once the new Act would be in force the P-TOMS would be redundant. In view of the submissions by the petitioners' senior Counsel the parties agreed to obtain fresh instructions.

Accordingly, the Court did not fix the cases for hearing. However the Court observed that the parties could file a motion with notice to the others to call the cases.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices Raja Fernando and Nimal Gamini Amaratunga.

The petitioners stated among other matters that the regional fund that would be established to channel billions of dollars would be controlled by the LTTE as the fund was not established by any Parliamentary Act too in violation of the Constitution and would not be subject to the control of the Auditor-General.

They also stated that the powers vested with the State with regard to the social services and rehabilitation and reconstruction would be alienated and abdicated to the High Level Committee which was not established by the law was also violative of the Constitution.

The sought to a declaration that the P-TOMS agreement was null and void had no power in law and first, second and third respondents violated and would violate the rights of the petitioners.

Petitioners including 39 JVP MPs cited Secretary to the Ministry of Relief, Rehabilitation and Reconstruction M.S. Jayasinghe, S. Rajan and the Attorney-General as the respondents. President's Counsel H.L. de Silva with S.L. Gunasekera, Gomin Dayasiri, Manohara de Silva and Udaya Gammanpila appeared for the petitioners.

Attorney-General K.C. Kamalasabayson PC, with Additional Solicitor-General P.A. Ratnayake PC, Senior State Counsel D.Dias Wickremasinghe and State Counsel Viraj Dayaratne appeared for the first respondent.

Senior Counsel R.K.W. Gunasekera appeared for the Secretary to the Ministry in one application. President's Counsel Nigel Hatch with K. Geekiyanage appeared for the Relief, Rehabilitation and Reconstruction Minister and its Secretary.