SC reserves judgement in Deegavapi case

Wasantha RAMANAYAKE

The Supreme Court yesterday reserved the judgment in the rights application against the allocation of 500 houses in Norochcholai, Deegavapiya exclusively among the Muslim Community.

The Bench comprised Chief Justice Sarath N. Silva PC and Justice Nimal Gamini Amaratunga and Justice P.A. Rathnayake PC.

President's Counsel Manohara de Silva for the petitioners argued that the houses had been distributed among the recipients without following the due process.

He further argued that the Deegavapiya had been a historic site of the Buddhists and settling Muslim families in the proximity to the ancient temple complex is a preplanned scheme depriving the Buddhists monks of their alms or dhana and other facilities provided by the Buddhists.

The President's Counsel further submitted that Muslim politicians have been settling Muslim families on state lands in the proximity to the Deegavapiya and other Buddhists historical sites and ruins in the area for decades. He also submitted that recipients were not tsunami affected homeless people as claimed.

Counsel M.A. Sumanthiran for the intervenient-petitioners some of the beneficiaries submitted that the all the three communities live in the Ampara District. He submitted that Tsunami affected Sinhala and Tamil people were given houses except the Muslims. He submitted that his clients were tsunami affected Muslims who have been up to date living in the temporary shelters since the Tsunami hit the country. He submitted that his clients participated in the building of the houses, before the instant case been filed in the court.

Petitioners Ven. Nannapurawe Buddharakkitha, the chief incumbent of Deegavapiya Raja Maha Viharaya, Ven.Ellawala Medhanandha, Ven Omalpe Sobhitha, Ven Kirindiwella Somarathana, Chief Incumbent of Ampara Mahavapi Viharaya and three office bearers of the Deegavapiya Surekeeme Sanvidhanaya complained that the respondents were taking steps to alienate houses exclusively among Muslim people discriminating the Sinhalese and the Tamils without having a land kachcheri in violation of their rights.

President's Counsel Manohara de Silva with David Weerarathne instructed by Bandara Thalagune appeared for the petitioners.

Deputy Solicitor General Bimba Thilakarathne Jayasinghe appeared for the respondents.

Shibly Aziz PC, Faizer Musthapha PC and Romesh de Silva PC appeared for the recipients of houses.

The court granted the parties time till November 24 to file written submissions.