Challenging racial, religious parties: SC refuses to grant leave to proceed with rights petition

By S.S. Selvanayagam

The Supreme Court on Monday refused to grant leave to proceed with the Fundamental Rights petition challenging the political parties with smack of racial or religious intonations. 

The Bench comprised Justices Eva Wanasundera, K.T. Chitrasiri and Prasanna S. Jayawardane. 

Petitioner Prasantha Lal De Alwis who himself is a President’s Counsel in his petition faults 20 registered political parties of Tamil, Muslim and Sinhalese. 

He cited Elections Commissioner, the Attorney General as well as the party secretaries of these political parties. 

Petitioner himself appeared for him. M.A. Sumanthiran with Viran Corea and Niran Anketel instructed by Moahan Balendra appeared for the ITAK. K.S. Ratnavale appeared for Tamil Congress. Anita Perera appeared for CWC. Deputy Solicitor General Demuni de Silva with State Counsel Dr. Avanti Perera appeared for the Attorney General.

Deputy Solicitor General M.A. Sumanthiran and Anita Perera raised preliminary objections on the maintainability of the petition. 

Counsel Sumanthiral raised his objections on the basis of time bar and defective Affidavit of the Petitioner. He cited the judgment of the Supreme Court on Special Determination in SD 346/2009. He submitted that the Parliament tried to prohibit parties on race and the ethnicity and the Court disallowed it because it would violate the rights of the different communities in Sri Lanka. 

Petitioner stated there are 64 recognised political parties. He assailed these 20 political parties can be categorised as political parties based on race and religion. 

He claimed discrimination is caused to him and all other citizens on the basis of race and religion, due to the existence of such recognised racial and/or religious based political parties. 

He bickered the existence of these parties hinders and creates obstacle in evolving national policies and creates disunity among communities and disturbs the peaceful environment and hamper the progress of reconciliation. 

He sought a declaration from the Court that his fundamental rights to the freedom of thought, conscience and religion, etc. and right to equality as well as to the freedom of movement and of choosing his residence within Sri Lanka are imminently infringed. 

He asked the Court to issue a mandatory order compelling the Elections Commissioner to declare the Secretaries of these parties to be cancelled after expiration of four years unless they amend and change their racial and /or religious objectives and/or character and/or the name.

The thumbnail detail of the alleged political parties: All Ceylon Tamil Congress, Akila Ilankai Tamil Mahasabha, All Ceylon Makkal Congress, Ilankai Tamil Arasu Kaddhi (ITAK), Ellavar Democratic Front, Eelam People’s Democratic Party (EPDP), Eelam People’s Revolutionary Liberation Front, Up-Country People’s Front, Democratic Tamil National Alliance, Thamil Makkal Viduthalai Pulikal, Tamil Eelam Liberation Organisation, Tamil United Liberation Front (TULF), Nawa Sihala Urumaya, Pathmanabha Eelam Revolutionary Liberation Front, Democratic  People’s Front of Mano Ganeshan, Democratic People’s Liberation Front, Bodu Jana Peramuna of Dr. Nath Amarakoon, Muslim National Alliance, Ceylon Workers’ Congress (CWC) and  Sri Lanka Muslim Congress.