The Supreme Court today permitted the respondents including Attorney General and Minister of Finance to file objections against several Fundamental Rights applications filed challenging the legality of the cabinet memorandum that authorized the authorities to enter into an Agreement with the Lanka IOC PLC to jointly develop China Bay Oil Tank farm.
The Supreme Court bench comprising Justice Murdu Fernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne directed the respondents to file 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 court’s permission to amend the caption of petitions since Dr. P.B. Jayasundera was no longer holding the post of Secretary to the President. The petitioners were directed to amend the captions within two weeks period.
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, 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 that on or around 06th of January, 2022 they 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.
