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Jaffna
lawyer wants access to his land in high security zone The Bench comprised Justices T.B.Weerasuriya, N.E. Dissanayaka and G. Amaratunge. The petitioner P.V.Sriranjan of Vadukoddai who is practising in Jaffna and Colombo cited the Commander of the Sri Lanka Army, Security Forces Commander for Jaffna and Palaly, and the Attorney General as respondents. He states he is the owner of land and premises no. 187 and 189 in Power House Road presently named C. Ponnambalam Road. This land is situated in the heart of town, 10 metres from the Jaffna main bus stand and also in close proximity to the Jaffna General Hospital. This is also a prime commercial area. He claims that when the Army entered Jaffna in 1995 and set up, inter alia, a high security zone in a portion of Jaffna town this move included the petitioner's premises and land. The zone also included two leading hotels. He further states that several barricades have been placed at the point on entry to the high security area which prevented movement of civilians and area residents. After the ceasefire agreement was signed the situation in Jaffna improved and peace prevailed. Eventually some of the barricades were removed or moved and access and movement was freely possible. Several requests to the relevant authorities to have the barricade moved to about 50 metres away from its present position and also to vacate his premises were futile. The petitioner declared that the continued occupation of his premises by the Army and his continued restriction from entering the area is arbitrary and capricious and is violating his fundamental rights under Article 12(1) of the Constitution. He requests the Court to order the 1st and 2nd respondents to shift the barricade and to grant access to his premises and land. |
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