Ampara villagers lament imminent ejection; SC issues order to remain status quo

By S.S Selvanayagam

Villagers of Kesankerni in Oluvil of Ampara district filed fundamental rights violation petition complaining that there are restrictions to their movements and imminent actions to eject them from their lands, paving way for establishing a military camp.

When the matter came up yesterday, the Bench comprising Justices K. Sripavan, Sathya Hettige and Prasath Dep issued order that the Status Quo (the existing affairs) should remain till the petition is supported and fixed the matter to be supported on 23 July.

Petitioners A.L Katheeja Umma and Adambawa Ibralebbe who filed the application for their own and on behalf of the villagers who were living in that village cited Army Commander Jagath Jayasuriya, Eastern Army Commander, Ampara District Secretary Sunil Kannangara, Deputy Land Commissioner of Ampara, Land Commissioner and the Attorney General as Respondents.

J.C Weliamuna with Senura Abeywardena instructed by Sanjeewa Kaluarachchi appeared for the Petitioners. Deputy Solicitor General Shavindra Fernando appeared for the Attorney General.

Petitioners claim that they are part of the farming community and have been issued valid permits to the land occupied by them in the area. They also claim that they and their families together with other villagers were living at Kesankerni for generations in indigent circumstances without any formal education and do not have any other alternative land or dwellings.

At the time to their application, there were 69 lawful permit holders in the village, however due to fear of reprisal they have not invoked the Court’s jurisdiction challenging the alleged unlawful actions of the Respondents.

They state the area that the land is located previously bore the name Kesankerni, however due to some houses that were constructed as part of the post-tsunami reconstruction program in the said area with the grants from the Middle East Countries, the area along with some other villages were renamed Ashraffnagar which is exclusively a Muslim population.

On 8 November 2010, the Forest Department officers put up an elephant fence around the Kesankerni village stating that it will keep away elephants from attacking the village. However, the said fence was not electrified and did not serve the purpose, they state.

In September 2010, there was a surreptitious move to eject the occupants of the Kesankerni village by the Forest Department and subsequent decision of the Magistrate’s Court of Akkaraipattu, the petitioners and others continued to reside and cultivate the said land without any obstacle, they added.

On 5 November 2011, an Army brigade moved into part of the Kesankerni village and fortified the area within the said village by erecting a fence dividing the said village into two, they assert.

Thereafter the said brigade set up their camp bringing the daily activities and livelihood of the villagers to a complete halt, they bemoan.

The army officers removed the elephant fence and used the wire of the said fence to tap electricity for the newly set up army camp, they state.

The Petitioners complain that as a result of the alleged occupation of the army the following transpired: (a)The villagers were prevented from carrying out their cultivation; (b)Their movements were constantly checked; (c) When an occupant leaves the village, they were to give details of their movements and on return they were checked and (d) The occupants being of the Islamic faith faced many difficulties accessing the local mosque which was located beyond the fortified area of the Kesankerni village.

In December 2011, steps were being taken to cancel the permits of those issued. On 11 December 2011, the Petitioners and the other villagers were summoned to the office of the Divisional Secretary for a meeting regarding the alleged army occupation, they state.

At the said meeting, the members of the armed forces attempted to grab the permits by force from the petitioners and other permit holders, however they did not allow taking the permits by force but some permits were grabbed from others, they allege.

Petitioners aggrieve that through their Counsel, two documents purportedly made under the Land Development Ordinance, requiring the petitioners to deliver possession of the lands to the State whereas the Land Commissioner has no legal authority to issue the said letter.

Petitioners seeking declaration from the Court that their fundamental rights to the freedom of thought and religion, right to equality and equal protection of the law, the freedom from to enjoy and promote their own culture, the freedom to engage in lawful occupation and the freedom of movement are violated by the Respondents.