SL Supreme Court fixes date to hear FR petition by uprooted Maathakal Tamils

[TamilNet, Thursday, 18 October 2012, 13:57 GMT]
Two members of the Sri Lanka’s Supreme Court Wednesday fixed the hearing of the Fundamental Rights violation petition filed by six uprooted residents of Maathakal from the Valikaamam division of the Jaffna district for November 12.

The date was fixed by a two member bench of the Supreme Court comprised Justices Shirani Thialakwardene and Priyasath Dep when the FR petition was mentioned on Wednesday.

The petitioners have cited the SL Defense Secretary Gotabhaya Rajapaksa, Commander of the occupying Sri Lanka Army Lt. Gen. Jagath Jayasuriya, Commander of the SL military in Jaffna Maj. Gen. Mahinda Hathurusinghe and the SL Attorney General as respondents.

Chronology:

18.10.12  SL Supreme Court fixes date to hear FR petition by..

17.10.12  Uprooted Maathakal residents file FR petition in S..

Uprooted Maathakal residents file FR petition in SL Supreme Court

[TamilNet, Wednesday, 17 October 2012, 22:35 GMT]
Six uprooted residents of Maathakal from the Valikaamam district secretariat division of the Jaffna district have filed a fundamental rights violation petition in the Sri Lankan Supreme Court (SLSC) last week seeking an order that they should be allowed to resettle in their own lands and houses. They have cited the SL Defense Secretary Gotabaya Rajapaksa, Commander of the Sri Lanka Army Lt. Gen. Jagath Jayasuriya, Commander of the Jaffna Security Forces Maj. Gen. Mahinda Hathurusinghe and the Attorney General as respondents.

[Satellite Image Courtesy: NASA, Visible Earth. Details & Legend: TamilNet]

The petitioners through their counsel Mohan Balendra have stated that they have been uprooted since 1992 as a direct result of the war in the North-East and though the hostilities ended in May 2009, they are unable to return to their properties.

The uprooted Tamils from Maathakal were being prevented from accessing and resettling in their property.

instead, a fence has been erected around a ‘new’ SL High Security Zone in Valikaamam North area and a notice has been put up prohibiting any one from entering the area, the petitioners said in their suit.

They also said in their petition that that there have been no regulation declaring the areas in which their property was situated to be “High Security Zone” and with the lifting of the State of Emergency in August 2011, there were no longer any legal grounds for any area in the island of Sri Lanka to be declared a “High Security Zone”.

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Uprooted Champoor villagers file FR application in SL Supreme Court

[TamilNet, Tuesday, 16 October 2012, 15:03 GMT]
A Fundamental Rights Violation petition filed by uprooted villagers of Champoor in Trincomalee is to be taken up for further hearing on November 15, according to legal sources in Colombo. The petitioners have been challenging the Gazette Extraordinary issued on May 12 this year that a “Special Zone for Heavy Industries” had been demarcated in the areas formerly inhabited by them. Seven villagers in their petition filed on Friday before the Sri Lankan Supreme Court complained that the Gazette purportedly attempts to demarcate a “Special Zone for Heavy Industries” within the provision of the Section A of the Board of Investment of Sri Lanka Law No:4 of 1978.

The petitioners had been seeking the Court to declare that their fundamental right to equality and equal protection of the law as well as the right not to be discriminated against on the grounds of race, religion, language etc and the right to the freedom to engage in any lawful occupation and the right to the freedom of movement and of choosing their residence within the island were violated by the respondents.

President’s Counsel K.Kanag Iswaran with M.A.Sumanthiran, Bavani Fonseka, and Juanita Arulanantham instructed by Mohan Balendra appeared for the petitioners.

Counsel Priyantha Jayewardene appeared for the 1st respondent Economic development Minister Basil Rajapakse, Deputy Solicitor General Shavendra Fernando appeared for the 3rd respondent Director General of the Board of Investment and the Attorney General.

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SL Supreme Court to inquire into FR application against Champoor lands acquisition

[TamilNet, Wednesday, 25 July 2012, 23:37 GMT]
A three-member bench of the Sri Lanka’s Supreme Court on Monday decided to take up the Fundamental Rights Application filed by four Tamil-speaking farmers, a Muslim and three Tamils, against the appropriation of their traditional paddy lands in Champoor in Moothoor East in Trincomalee district, for inquiry on October 11.

The petitioners have cited the relevant authorities for the acquisition of the lands left by Champoor villagers followed by a massive military operation launched by the Sri Lanka Army in 2006.

The Colombo government, engaged in structural genocide in the country of Eezham Tamils, has now issued an extraordinary gazette notification stating that these lands are needed for mega development projects.

These Tamils uprooted from Champoor area due to SL military operation have been staying in camps at four places, Kaddaipa'richchaan, Manal-chenai, Ki'liveedi and Paddith-thidal as they have been not allowed by the Colombo government to return to their own lands.

The dry ration relief provided to these uprooted Champoor villagers under the World Food Programme has been stopped for the last seven months as a ‘collective punishment’ since they refused to accept alternative lands elsewhere proposed by the Colombo government.

The petitioners have filed the FR application against the SL government move and urged the court to revoke the gazette notification as it violates their fundamental rights.

The FR application filed by four farmers was taken up on Monday before a bench of the Supreme Court presided by the Chief Justice Ms Shirani Bandaranayke. The other members of the bench were Justice Nihal Gamini Ameratunga and Justice S.Sripavan.

After submission by Counsels for the petitioners, the court unanimously decided to take up the FR application for inquiry on October 11.

President Counsel Kanag Easwearan with Senior Counsel M.A.Sumanthiran and Attorney-at-Laws Bavani Fonseka and Arulanantham appeared for the petitioners.

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