By Telles Anandappa
The Supreme Court granted leave to proceed in a fundamental rights petition filed where the Tamils from the North and East were forcibly taken away from lodges in Colombo and transported to the North and East in transport provided by the Government.
The petitioners Centre for Policy Alternatives and Paikiasothy Saravanamuttu cited IGP Victor Perera, Wellawatte OIC, Pettah OIC, Kotahena OIC, Wattala OIC, Army Commander Sarath Fonseka, Air Force Commander Roshan Gunatilleke, Navy Commander Wasantha Karannagoda, Defence Secretary Gotabhaya Rajapaksa, the Public Security, Law and Order Ministry and the Attorney General as respondents.
The petitioner said that on or about June 1, the addressing a news conference the IGP announced that Tamils from the North and East living in lodges in Colombo without a valid reason would be sent back to the North and East.
Attorney for the petitioners M.A Sumandiram said that on or about June 6 several persons who were residing in lodges were rounded up by the police and forcibly evacuated from places in the Pettah, Kotahena and Wattala areas. These people were Tamils who had arrived from the North and East and included women and children who were woken up at 4.30 a.m and not given any time to change their clothes when they were forced into the waiting vehicles.
He also said that though the IGP said that these were voluntary evacuations, he claimed some of the people were in their night clothes and some even worshipped the police not to be taken, which the petitioner has evidence to prove same.
The petitioner said the discrimination shown to the innocent Tamil is a blatant violation of the citizens of Sri Lanka and the actions of the 1st and 8th respondents in evacuating the Tamils from Colombo is wrongful and illegal and violates the fundamental rights guaranteed under the Constitution.
The Bench comprising of Justices N.E.Dissanayake, Gamini Amaratunge and Andrew Somawansa was of the view that the fundamental rights have been violated and granted interim order directing the 1st and 9th respondents not to take any further steps to evacuate Tamil persons from Colombo and or prevent Tamil persons from entering and or staying in any part of Colombo until the hearing and the final determination of this application.
The Court also directed that notices to be issued to all respondents by either telephone, telegram or fax. Attorneys M.A Sumandiram,Viran Corea Charmaine Gunaratne Bavani Fonseka and E Teegal instructed by Mohan Balendra appeared for the petitioner.
The petitioner also reserved the right to appeal for further interim relief on the next date which is June 22. |