(August 28, Colombo, Sri Lanka Guardian)When the rights violation petition filed on behalf of five Internally Displaced Persons (IDPs) being held at IDP camps at Kodikamam and Vavuniya was taken up recently, the Supreme Court observed that if the 13-year-old child Sopika Surendranathan and her parents who are being confined in the IDP camps have a place to go and if their next-of-kin are prepared to take them, there is no reason for them to be kept in the IDP camps any longer.
The Bench comprising Justices N.G.Amaratunga and Chandra Ekanayake made this observation after the submission made by Senior State Counsel. On being questioned by court, the Senior State Counsel stated that the said family were not combatants in the armed conflict.
The Supreme Court also granted leave to proceed with the rights petition for the alleged infringement of their fundamental right to equality and equal protection of the law as well as their right to the freedom of movement and of choosing their residence within Sri Lanka. The matter was listed for hearing on November 12.
Consequent to the rights application being filed Sopika who had been housed in the IDP camp in Kodikamam had been united with her parents who were being interned in the IDP Camp in Vavuniya.
The petition has been filed by Attorney-at-Law Gowrie Shangary Thavarasha on behalf of five Internally Displaced Persons (IDPs) of the same family comprising of Manikkarajah Sivapakiam and Sopika Surendranathan had been held at Kodikamam IDP camp and Jeyarani Surendranathan, Ponnusamy Surendranathan and Nesana Surendranathan held at the Vavuniya IDP camp.
The petition was filed on the instruction of Attorney-at-Law Ms. Annapakiyam Sithamparapillai who is a relative of the said IDPs.
Pattanchipuliyankulam Grama Niladhari, Vavuniya Divisional Secretary, Vavuniya Government Agent/District Secretary , Mrs. Charles Vavuniya Saivaparagasa Welfare Centre Grama Niladhari, Wanni Army Commander, Commander (IDP coordinator in Vavuniya), Chavakachcheri Divisional Secretary, Jaffna Government Agent/District Secretary, Jaffna Army Commander, IGP and the Attorney General were cited as respondents.The petition was filed on behalf of Jayarani who is a public servant working at the Zonal Education Office of Kilinochchi and her husband Surendranathan who is serving with the Paranthan M. P. C. S. and their minor daughter and son Sopika and Nesana aged 13 and 10 respectively.
The petition states that the detainees are not persons who have no place to reside but that they have three houses owned by them at Karaveddy, in the Wanni and in Jaffna and furthermore they have many relatives both living in Jaffna as well as in Colombo and if they are allowed to leave the respective IDP camps they could obtain accommodation for themselves.
The petition contends that the continued detention of the detainees without a reasonable basis is unlawful, arbitrary and contrary to procedure established by law and constitute an infringement of the detainees fundamental right to the freedom from arbitrary detention contrary to procedure established by law and the freedom of movement within Sri Lanka and choosing their residence within Sri Lanka.
The petition asked the Court to direct the respondents to release the detainees forthwith and to take appropriate steps to hand them over to the custody of their relatives.
Saliya Peiris appeared for the aggrieved family. Senior State Counsel Riyaz Hamza appeared for the respondents.- Courtesy: Daily Mirror -Sri Lanka Guardian
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