Eight Fundamental Rights petitions which were filed seeking an interim relief staying or suspending the implementation of the Sri Lanka–Singapore Free Trade Agreement signed on the 23rd January 2018 were yesterday fixed for May 22 by Supreme Court.
When the petitions came up before three-judge-bench comprising Justice Buwaneka Aluvihare, Justice Priyantha Jayawardena and Justice L.T.B. Dehideniya, the court was informed that a committee appointed by President to look into the Sri Lanka-Singapore Free trade agreement has its report recently.
President’s Counsel Sanjeewa Jayawardena appearing for one of the petitioners sought a mentioned date citing they are expecting to examine the actions which are to be taken regarding the recommendations made by Presidential Committee.
Meanwhile, Mr. Jayawardena undertook to submit the report of Presidential committee regarding this agreement before Supreme Court.
These petitions had been filed by Secretary of Mawbima Lanka Padanama, Kapila Gamage and seven others naming Minister of Development Strategies and International Trade Malik Samarawickrama, Secretary to the Ministry of Development Strategies and International Trade Chandanie Wijayawardhana and cabinet of Ministers as respondents.
In his petition, Attorney-at-law Kapila Gamage alleged that Sri Lanka-Singapore Free Trade Agreement (SLSFTA) was neither considered nor approved by the Cabinet of Ministers and therefore, no force or effect in law.
He further alleged that the SLSFTA was not disclosed to the Public, in spite of several requests made by the interested parties, including professional activists.
The petitioner stated that the State would be placed in danger of weakening its authority to maintain control over the economy and security and thereby to protect the economic and other rights of the domestic individuals, entities and industries when liberalizing trading and access to domestic market though Free Trade Agreements with States having strong economies and legal framework.
The Petitioner states that the SLSFTA shall have direct and adverse impact on the Public Finance of Sri Lanka and therefore requires the priorsanction and approval of the Parliament pertaining to the scope and mandate of negotiations, signing and implementation of the SLSFTA. However, in the absence of such approval the SLSFTA is lacking of constitutional mandate and therefore illegal and null and void.
The petitioner maintained that the executive actions relating to the commencement of negotiations, signing and implementation of SLSFTA shall violate Articles 148 and 157 of the Constitution and also amounting to alienation of the Legislative powers of the Parliament.
President’s Counsel Sanjeewa Jayawardane with senior counsel Kanishka Vitharana appeared for the petitioners. Senior Additional General Sanjay Rajaratnam appeared for the Attorney General.
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