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| Sunday, 17 July 2005 |
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SC determination no bar to P-TOMS Government media spokesman Minister Nimal Siripala de Silva in a special press statement on the Supreme Court decision to grant interim relief to petitioners who prayed for a declaration that the MoU signed by the Government and the LTTE be declared null and void and invalid in law said that this decision does not prevent the operation of the P-TOMS as alleged by the petitioners. The Court refused to give an interim order in respect of the entirety of the MoU and ruled that P-TOMS may be established and become functional subject to the restrictions it imposed on the operation of several sections of the MoU till the final determination of the application. It also held that the Regional Fund and the location of the Regional Committee may be decided in accordance with the terms of the Constitution. The statement: "The Government given serious consideration to the Supreme Court's decision granting Interim Relief to the petitioners in a Fundamental Rights Application challenging the MOU the Government entred into with the LTTE to set up a Tsunami Relief Council. The petitioners' contention was that singing of the said agreement by the Secretary to the Ministry of Relief,Rehabilitation and Reconstruction on behalf of the Government and the Government entering into a MOU with a terrorist organisation LTTE is contrary to the law of the land and therefore,the MOU is null and void in law. " Further the petitioners contended that the President has no constitutional right to enter into such agreement. " The Government is pleased that the Supreme Court upheld that the signing of the agreement by the Secretary to the Ministry of Relief,Rehabilitation and Reconstruction on behalf of the Government is valid in law and that the Constitution has provisions empowering the President to enter into such an MOU . Thus the Court decision that the Government has not done any illegal by entering into the MOU is a great a victory for the difficult struggle waged by the Government for peace. " The Government considers the Court's consideration that the Government had already entered into a Cease fire Agreement with the LTTE and on the need to enter into such agreements to ensure the speedy relief supply and proper distribution of humanitarian aids to the Tsunami-hit people as a strength to its relief effort. " Though the Supreme Court has restrained the operation of certain clauses of the MOU til the final determination of the application, the Court decided that the place of the regional committes and the maintenance of regional fund could be carried out with suitable amendments in terms of the provisions of the Constitution. " The Government is sertiously studying the decisions of the Supreme Court and it will make further submissions in the main trial ahead in order to realise the commitment and the desire of the Government to implement this agreement. " The determination of the Supreme Court that the Government has the power and that other provisions of the agreement are legally valid gives the Government strong self confidence" . |
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