10 September 2022 12:00 am Views - 94
by Lakmal Sooriyagoda
The Supreme Court yesterday granted permission to personally name former President Gotabaya Rajapaksa as a respondent party in connection with several Fundamental Rights petitions filed against Trinco Oil Tank
farm agreement.
Ven. Elle Gunawansa Thera, Ven. Bengamuwe Nalaka Thera and Secretary of National Bhikkhu Front Ven. Wakmulle Udhitha Thera had filed these petitions challenging the legality of the cabinet memorandum that authorised to enter into an Agreement with the Lanka IOC PLC to jointly develop China Bay Oil Tank farm.
Counsel Dharshana Weraduwage appearing for the petitioners sought court’s permission to amend the caption of petitions. He sought Court’s permission to personally add former President Gotabaya Rajapaksa as a respondent since he was no longer holding the post of the President. Weraduwage further sought Court’s permission to add incumbent President Ranil Wickremasinghe and the incumbent Cabinet to the petitions as respondent parties in line with new developments.
Supreme Court two-judge-bench comprising Justices Buwaneka Aluwihare and Shiran Goonaratne granted permission to amend the caption of the petitions and the parties were directed to file objections if necessary.These petitioners are to be taken up again on November 11.
Initially, the petitioners had filed these petitions naming President Gotabaya Rajapaksa through the Attorney General, Cabinet of Ministers including Minister of Energy Udaya Gammanpila, Ceylon Petroleum Corporation, Trinco Petroleum Terminal (Pvt) Ltd, Lanka IOC PLC and several others as respondents.
The petitioners are further seeking a declaration that the purported Agreement said to be signed on 06th of January, 2022 between the respondent parties has no legal force.
The petitioners state that on 30th of December, 2021, Minister Udaya Gammanpila has written a letter to the Chairman of CPC dated 20th December, 2021 with regard to the need to establish a Company in the name and style “Trinco Petroleum Terminal Limited”, under the control of the CPC as said to be instructed by the President.
The petitioners further state that on or around 04th of January, 2022, Minister Gammanpila has clearly stated at a press briefing that the cabinet of ministers has approved his memorandum with regard to the China Bay Oil Tank farm and has authorized to enter into an Agreement with the Lanka IOC to jointly develop or manage the Oil Tank Farm.
The Petitioners further state on or around 06th of January, 2022 thay came to know that a purported Agreement has been signed between the representatives of the Government of Sri Lanka and the Lanka IOC. The petitioners are further seeking a declaration that the fundamental rights of all the citizenry of the Republic, duly guaranteed by the Constitution including Articles Article 12(1) have been violated by the respondents.