N-E merger: Supreme Court reserves judgment

By Telles Anandappa

A five judge Supreme Court Bench headed by the Chief Justice on Friday heard the petition filed by the JVP asking the court to declare that the order made by former President J.R. Jayewardene in 1988 merging the Northern and Eastern provinces null and void.

The Bench reserved judgment while disallowing four applications for intervention filed in a bid to counter the fundamental rights petition filed by the JVP seeking to de-merge the Northern and Eastern Provinces. The petition sought a declaration that the consequential failure to accord the inhabitants of the Eastern Province an opportunity to vote at an election of members to the Provincial Council was a denial of their right to equality and equal protection of the law. The petitioners asked court to declare that two separate persons be appointed by the President as Governors of the Northern and Eastern Provinces.

Court heard counsels Batty Weerakoon and M.A Sumanthiran for intervenient petitioners Parliamentarians Jayantha Wijesekera of Seruwila and L.H Wasantha of Digamadulla as well as A.S.Mohamed and was of the view that it was unnecessary to consider an application for intervention on an individual basis following the practices adopted by the Court on previous matters of public interest. The Supreme Court Bench comprised Chief Justice Sarath N. Silva and Justices C.N. Jayasinghe, N.K. Udalagama, Rajah Fernando and N.G. Amaratunge. Presidents Counsel H.L. de Silva with S.L Gunasekera and Gomin Dayasiri appeared for the petitioners.