FR PETITION: SC FIXES MAR.3 FOR SUPPORT

Leasing H’tota land to China

The Supreme Court yesterday re-fixed for support on March 3 the fundamental rights petition challenging the framework agreement with China to lease 15,000 acres of land for the setting up of an Industrial Zone in Hambantota and thus convert debt to equity.

The Bench comprised Justices Priyasath Dep, Priyantha Jayawardane and Anil Gooneratne.

The SC on February 3 directed that the 2012 Memorandum of Understanding (MOU) and the Affidavit in respect to the leasing of land in Hambantota to China be filed in Court.

Petitioner Vasudeva Nanayakkara cited -- the Prime Minister, Minister of Ports and Shipping, the Finance Minister, the Members of the Cabinet, the Cabinet-appointed Negotiating Committee, the China Merchants Port, China Communications, the Speaker, Members of the Constitutional Council and the Attorney General -- as respondents.

The petitioner said in the absence of tenders being called, the selection of China Merchants Port Holding Company had not been made in accordance with the Procurement Guidelines or the Procurement Manual.

He said this matter was carried out without consulting the Sri Lanka Port Authority and feared that agreement would be finalized and signed by the Sri Lankan Government.

The petitioner said the selection of the Chinese Company and decision to sign the framework agreement by the Sri Lankan Government was arbitrary, capricious, mala fide and illegal.

Manohara de Silva PC appeared for the petitioner while Romesh de Silva appeared for the China Merchants Port.additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Nerin Pulle appeared for the Prime Minister, Minister of Posts & Shipping, Finance Minister and the Attorney General.

Chrismal Warnasuriya appeared for DR.T. Lalithasiri Gunaruwan for a similar petition.