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Supreme Court commences hearing into Yugadanavi power plant cases
The Supreme Court today commenced hearing into several Fundamental Rights petitions filed challenging the agreements on Yugadanavi power plant.
Attorney General Sanjay Rajaratnam appearing for Prime Minister and Cabinet of Ministers today raised preliminary objections challenging the maintainabili of the petitions.
Mr. Rajaratnam moved Supreme Court to dismiss all Fundamental Rights petitions in limine since they are not complying with the constitutional provisions.
The Attorney General argued that petitions had been filed beyond the time period stipulated under Article 126(2) of the constitution.
The Attorney General further contended that the petitioners have failed to name directors of the New Fortress Energy Inc as respondent parties to the petitions.
However, the Supreme Court decided to allocate time for the petitioners to present their submissions.
President's Counsel Manoha de Silva appearing for Trade Unions attached to the Ceylon Electricity Board submitted to court that this agreement has posed a treat to country's sovereignty and national security by transferring, monopoly of gas suply to an American company.
President's Counsel Saliya Pieris appearing for Colombo Archbishop Malcolm Cardinal Ranjith and Ven. Elle Gunawansa Thera told court that the agreement was signed
without following a transparent procedure contrary to the tender procedure.
Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Vijith Malalgoda and Justice L.T.B. Dehideniya fixed the petitions for further hearing for today (17).
Samagi Jana Balawegaya General Secretary Ranjith Maddumabandara, Janatha Vimukthi Peramuna (JVP) former Parliamentarians Sunil Hadunneththi and Wasantha Samarasinghe, Colombo Archbishop Malcolm Cardinal Ranjith and Ven. Elle Gunawansa Thera have already filed Fundamental Rights petitions challenging the agreements entered between the Government of Sri Lanka and New Fortress Energy Inc in relation to the sale of 40% of the shares of Yugadanavi power plant in Kerawalapitiya to a US company.
The petitioners had named Prime Minister Mahinda Rajapaksa, the Cabinet of Ministers, New Fortress Energy Inc, West Coast Power (Private) Limited, Ceylon Electricity Board, Attorney General and several others as respondents in the petition.
The petitioners said on 7th of July 2021, the framework agreement was signed between the government of Sri Lanka and New Fortress Energy Inc for the disposal of 40% of the total shares held at West Coast Power (Private) Limited by Yugadanavi (Pvt) Ltd.
The petitioners further said agreements had been further entered for the execution of the Terminal Project which includes Floating Storage Regasification Unit (FSRU), Mooring system and the Pipelines, and the supply of Liquefied Natural Gas (LNG) to West Coast Power (Pvt) Ltd.
The Petitioners state that to the best of their knowledge, the Share Sales and Purchase Agreement (SSPA) pertaining for the sale of 40% of the shares in West Coast Power (Pvt) Ltd. and the Gas Supply Agreements have not been placed before the Cabinet of Ministers to date.
The Petitioners state that bundling the contracts for the Liquefied Natural Gas (LNG) terminal, construction of pipelines and Liquefied Natural Gas (LNG) supply in a single unsolicited proposal and awarding them to a foreign based company, without following a transparent procedure is an enormous threat to the national energy security.
They further said the proposal to purchase 40% of the shares in the West Coast Power (Private) Limited is contrary to the National Energy Policy and Strategies. (Lakmal Sooriyagoda)
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