FR petitions against Trinco Oil Tank Farm agreement: SC permits AG to file objections

By Lakmal Sooriyagoda 
The Supreme Court yesterday permitted respondent parties including the Attorney General and Finance Minister to file objections against several Fundamental Rights petitions filed 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.

Supreme Court three-judge-bench comprising Justice Murdu Fernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne directed the respondents to file their objections on or before March 11.
Ven. Elle Gunawansa Thera, Ven. Bengamuwe Nalaka Thera and Secretary of National Bhikkhu Front Ven. Wakmulle Udhitha Thera 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.

Counsel Dharshana Weraduwage appearing for the petitioners sought the court’s permission to amend the caption of petitions since Dr. P.B. Jayasundara was no longer holding the post of President’s Secretary. The petitioners were directed to amend the captions within a period of two weeks.

The petitioners are further seeking a declaration that the purported agreement said to have been 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 had  written a letter to CPC Chairman 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 had clearly stated at a press briefing that the Cabinet of Ministers had approved his memorandum with regard to the China Bay Oil Tank farm and had authorised him to enter into an agreement with Lanka IOC to jointly develop or manage the Oil Tank Farm.

The petitioners further state that on or around 06th of January, 2022 they came to know that a purported agreement had been signed between the representatives of the government of Sri Lanka and Lanka IOC.
The petitioners are further seeking a declaration that the fundamental rights of all citizenry of the Republic, duly guaranteed by the Constitution including Articles Article 12(1) have been violated by the respondents.