Leasing of land to Chinese firm: SC re-fixes rights petition for 2 May

By S. S. Selvanayagam

The Supreme Court yesterday re-fixed for 2 May the fundamental rights petition challenging the framework agreement with China to allocate 15,000 acres of land for the promotion of investment in Hambantot as part of a proposed equity swap.

 The Bench comprised Chief Justice Priyasath Dep and Justice Anil Gooneratne.

 Petitioner Vasudeva Nanayakkara cited the  Prime Minister, the Minister of Ports and Shipping and the Finance Minister as well as members of the Cabinet, members of the Cabinet Appointed Negotiating Committee, state owned corporates of China namely China Merchants Port, China Communications, the Speaker, Members of the Constitutional Council and the Attorney General as respondents.

 The petitioner stated that no bids/tenders were called from the open market and therefore the recommendation/selection of the China Merchants Port Holding Company was not made in accordance with the Procurement Guidelines or the Procurement Manual.

 The said matter, he noted, was handled without consulting the Sri Lanka Port Authority.

 The Finance Ministry Secretary has yet to finalise the concession agreement, stated Nanayakkara, expressing concern that it may be imminently finalised and entered into by the Sri Lankan Government.

 The selection/approval of the Chinese Company and the decision to sign the framework agreement on behalf of the Sri Lankan Government is arbitrary, capricious, mala fide, illegal and unlawful, he further said.

 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, the Minister of Posts & Shipping, the Finance Minister and the Attorney General.

 Chrismal Warnasuriya appeared for Dr. T. Lalithasiri Gunaruwan in a similar petition.