News

Three JVP parliamentarians have filed fundamental rights applications before the Supreme Court, seeking the de-merger of the northeast province and an order declaring the Eastern Province as a separate administrative distract.

The case will be taken up for preliminary hearings next week. The petitioners, JVP Trincomalee district MP Jayantha Wijesekera and Ampara district MPs L.P.Wasantha Piyatissa and A.S. Mohamed Buhary, have cited the Attorney General, the Governor of the North East Provincial Council and the Commissioner of Elections as respondents.

In their petitions, they ask the court to annul the proclamations issued by former President J.R. Jayewardene in September, 1988 declaring the Northern and Eastern Provinces as one administrative unit with one elected Council.

They also seek a declaration that the failure of the President to appoint a date by order published in the gazette for the establishment of a Provincial Council for the Eastern Province is an infringement and a continuing violation of their fundamental right to equality and they pray that such an order be directed to be made by the President.

The petitioners claim that the failure to constitute a separate provincial council and hold elections to the council of the eastern province, where the population comprises a plural society with multi-religious and multi-cultural rights is a denial of the right to equality before the law under Article 12 (1) of the Constitution.

The petitioners also state the devolution of powers of government, to any administrative unit and especially to the administrative unit formed by combining the northern and eastern provinces and its inbuilt Tamil majority under the control of the LTTE and its dictatorial style of operations would be highly detrimental to the interests of the people of the eastern province. They say the “illegal” amalgamation of the two provinces would become a fait accompli in seeking to fashion a political solution to the existing problem regardless of their fundamental rights to equality and equal protection of the laws. They are asking court to declare that two separate governors be appointed to the Northern and the Eastern Provinces.

H.L.De Silva PC, Gomin Dayasiri and S.L. Gunasekera appeared on behalf of the petitioners.