SC dismisses FR petition against TRC

Sarath MALALASEKERA

The Fundamental Rights violation application filed by Vasudeva Nanayakkara and two others against the Sri Lanka Telecommunication Regulatory Commission and four other respondents was dismissed by the Supreme Court without proceeding with the trial.

The Bench comprising Justice Nimal Gamini Amaratunga, Justice P. A. Ratnayake and Justice S.I. Imam accepted the two preliminary objections raised by the Attorney General and dismissed the application filed by Vasudeva Nanayakkara and others.

Presidential Advisor Vasudeva Nanayakkara, Prof. Kumar David and Major General W.J.T.K. Fernando filed the Fundamental Rights application before the Supreme Court.

The Sri Lanka Telecommunication Regulatory Commission, its Director General Priyantha Kariyapperuma, its Chairman Lalith Weeratunga, Sri Lanka Telecom and the Attorney General were cited as the respondents.

Deputy Solicitor General Sanjay Rajaratnam who appeared for the Attorney General objected to the petition on the grounds that the petitioners were attempting to review a Supreme Court Judgement delivered in 2005 regarding Telecom tariffs.

That was bad precedent and the petition had no locus standi, the DGS Rajaratnam said.

Deputy Solicitor General Sanjay Rajaratnam in his lengthy submission told Court that there was a time bar issue.

The petitioners had filed this application after former Chief Justice Sarath N. Silva PC retired.

The Supreme Court bench upheld the objections by Deputy Solicitor General Rajaratnam and dismissed the Fundamental Rights application filed by Vasudeva Nanayakkara and others.

Senior Attorney Uditha Egalahewa appeared for the petitioners -Vasudeva Nanayakkara and others. Deputy Solicitor General Sanjay Rajaratnam with Senior State Counsel Sumathi Dharmawardhana and Attorney Sanjeewa Jayawardena appeared for the Sri Lanka Telecommunication Regulatory Commission, its Director General and its Chairman.