SC awards Rs. 500,000 to expatriate Tamils: Orders TID to hand over Wellawatte premises

By S.S. Selvanayagam

The Supreme Court on Thursday ordered the officers of Terrorists Investigation Department (TID) to hand over the premises they are occupying in Wellawatte to the owners within eight weeks. 

The Court delivered its judgment on the fundamental rights petition of two expatriate Sri Lankans who are residents of Switzerland complaining of the alleged unlawful occupation of their own premises at Wellawatte by the officers of the Terrorists Investigation Department.

 Justice B.P. Aluvihara with Chief Justice Priyasath Dep and Justice Anil Gooneratne agreeing in his judgment held that the petitioners’ fundamental right to equality has been violated by the TID and awarded Rs. 500,000 to the Petitioners as compensation. The Court also ordered for payment to the Petitioners as costs.

The Court declared that the amended Emergency Regulations is ultra vires and null and void.

Petitioners Shanmugam Sivarajah Nagarajah and Sivarajah Sarojini Devi cited OIC of the TID, its Director, DIG of the TID, Inspector Abdeen and Subair of the TID, IGP, Secretary and Additional Secretary to the Defence Ministry, Lalith Weeratunge who was the Secretary to the former President and the Attorney General as Respondents. 

Valarmathy Sundaralingam, who is the Power of Attorney Holder for the Petitioners Shanmugam Sivarajah and Sivarajah Sarojini Devi in filed Counter Affidavit on behalf of the Petitioners. 

She stated one Sivapragasam Vijayanesan who was the cousin of the 2nd Petitioner Sarojini Devi who facilitated the purchase on behalf of the Petitioner and initially who was in occupation of the said premises.

The Petitioner Sivarajah left the country as a refugee due to the conditions prevailed in the country.  Valarmathi in her affidavit stated the said Vijayanesan was entrusted with the said property on trust and he acted on the petitioners’ behalf on entering in to agreements with person for the lease of the house informally namely to the Centre for Health. Later said Vijayanesan had migrated to Australia in 2008. 

She pointed out it is mysterious as to how the 1st Respondent OIC and his officers would conclude that the said property had been used to commit offences and/or illegal activities and then take action to release the employees who were arrested from the said Centre who would have been part of the said illegal activities. 

The female officers of the TID commenced occupying the said premises on 26 July 2009 and the purported order made by the Defence Minister was made in December 2009 and the same had been communicated to the IGP only on 28 December 2009, she pointed out. The OIC of the TID have failed to explain the manner in which the said female officers were authorised to lodge in the said premises and if it was done under authority, there would have been some form of documentation authorising them to occupy, she alleged. 

She stated she lives in the said premises with her elderly relative and his younger daughter. Although 1st floor is occupied by female police officers, on occasion men visit the premises even at night and whereby they are compelled to keep the gates of the said premises opened even at night.  Both parties had earlier informed the Court that they were attempting to settle the matter and the Court granted time for settlement.The Court had granted leave to proceed with this rights petition for the alleged infringement of their fundamental right to equality.

Saliya Peiris instructed by Gowry Shangary Thavarasha appeared for the Petitioners.