Attorney General has urged the Supreme Court to dismiss in limine the Fundamental Rights petition filed by MP Vasudeva Nanayakkara who sought an order to quash the Framework Agreement entered into by the Government of Sri Lanka with two Chinese companies.
Additional Solicitor General Rajaratnam made the submission raising preliminary objections in the matter. He was appearing for the Sri Lanka Port Authority. He submitted that Memorandum of Understandings (MOU) pertaining to the Hambantota harbour had been signed on three occasions in 2007, 2012 and 2014. These agreements had been signed with Chinese companies while the petitioner Vasudeva Nanayakkara was functioning as a Cabinet Minister and alleged that the petitioner has not disclosed the facts of the case. The first and second phrases of the Hambantota project were signed in 2012 and 2014. This is a continuous and uninterrupted process from 2007. The petitioner has concealed this fact through his petition and he was a member of the Cabinet at the time the Cabinet Paper was presented.
He further submitted that the final agreement between the Chinese companies and Government of Sri Lanka is yet to be finalized and thereby the petition cannot be maintained.
He urged that the petition be dismissed for non-disclosure of the material facts of the petition arguing that the petitioner does not have locus standi to invoke the Court’s jurisdiction.
The petition was taken up before Justice Buwaneka Aluvihare, Justice Sisira de Abrew and Justice Anil Goonaratne.