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Sunday, April 14, 2024

TNA MPs rights application dismissed

Chitra Weerarathne
 The Supreme Court yesterday dismissed the fundamental rights violation application, filed by TNA Member of Parliament for the Jaffna District Mavai S. Senathirajah, against the recently gazetted Prevention of Terrorism Act Regulations.
Senathirajah challenged the regulations pertaining to the Extension of Application, surrendees care and also the Regulation pertaining to detainees and remandees.
 The Court said that there was no basis to grant leave to proceed. The application was dismissed without costs.

The Deputy Solicitor General Shavindra Fernando, who appeared for the State, took up the preliminary objections on locus standi of the petitioner, He said the actions complained of were not of an executive or administrative nature, but decisions taken by judicial officers, the necessary parties to this application on the basis of gazette extraordinary, dated August 29, 2011, had not been added.

The Court heard the Deputy Solicitor General on the preliminary objections and the counsel for the petitioner on the main contention of the petitioner, and dismissed the petition.

The petitioner had alleged that the regulations numbered 3, 4 and 5 of 2011, pertaining to the aforesaid matter pertaining to Applications.

Surrendees, detainees and remandees were in violation of the fundamental rights of the persons detained on remanded, mostly in the Northern Province. The petition wanted those three new PTA regulations declared null and void.

M. A. Sumanthiran appeared for the petitioner.

The Deputy Solicitor General Shavindra Fernando appeared for the Attorney General and the Secretary Defence, cited among respondents.

The Bench comprised the Chief Justice Dr. Shirani Bandaranayake, Justice P. A. Ratnayake and Justice S. I. Imam.



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