RI applications fixed for support on July 26

Wasantha RAMANAYAKE

COLOMBO: The Supreme Court yesterday fixed for support two Fundamental Rights Applications against the eviction of Tamils from Colombo lodges for July 26.

The Bench comprised Justice Nihal Jayasinghe, Justice Raja Fernando and Justice Jagath Balapatabendi. An application seeking to intervene and challenge these two applications would also be supported on the same day.

Intervening-Petitioner M.S.M. Zurfik sought the intervention to challenge applications on the basis that if the prayers were to be granted the security of the city, lives and property of its people would be affected.

The intervening-petitioner stated that the issue had been highlighted as a ethnic cleansing in certain media specially in that of the western which was a wrong impression.

He argued that the persons who had been thus evacuated were less than three hundred persons who had been unable to give any valid reason as to their stay and which was a clear minority in terms of the Tamil and Muslim population in the Colombo City which was around 260,000.

He further argued that the city was under constant threat of LTTE and such persons posed a clear threat as there was a clear history of their involvement in LTTE attacks on the people and property.

The court earlier granted an Interim Relief stopping the removal of Tamil lodgers in Colombo City in one rights plea filed by Centre for Policy Alternatives (CPA) and also granted Leave to Proceed with the application in the alleged rights violations in terms of the Article 12 (1). The court would further consider the granting of Leave in respect of Articles 11, 13(1) and (2) of the same application July 26.

The court also consider the Leave in respect of another application filed by T. Kandaswamy of Colombo 6, a businessman, who had been removed along with her wife from where they were residing is in violation of their rights.

M.A. Sumanthrian with Viran Corea, Sharmaine Guneratne, Ermiza Tegal appeared for the petitioner CPA.

J.C. Weliamuna appeared for petitioner T. Kandaswamy.

Sarath Wijesinghe appeared for the intervening-petitioner. The case fixed for July 26.