News Today: Fundamental petition against M.O.U with India dismissed by Supreme Court

In a significant legal development, the Supreme Court of Sri Lanka on Monday dismissed two Fundamental Rights petitions challenging the recent Memoranda of Understanding (MoUs) signed between Sri Lanka and India. The petitions aimed to nullify seven MoUs covering strategic sectors such as defence cooperation, digital innovation, and development assistance for the Eastern Province.

A two-judge bench comprising Justice Achala Wengappuli and Justice Priyantha Fernando found no prima facie case, resulting in an outright dismissal during the preliminary stage.

Attorney General Defends the MoUs

Deputy Solicitor General Nirmalan Wigneswaran, representing the Attorney General, raised preliminary objections emphasizing that the MoUs had already received Cabinet approval. He asserted there was no legal obligation to present these documents in Parliament, nor was there any violation of statutory provisions.

Wigneswaran also underscored the importance of national security and bilateral confidentiality, explaining that certain intergovernmental agreements require discretion and should not be made public prematurely.

Petitioners Demand Parliamentary Oversight

Representing the petitioners, President’s Counsel Manohara de Silva argued that any agreement of national consequence must be subject to parliamentary scrutiny. He criticized the lack of transparency, stating the public’s right to know was denied when the President’s Office failed to release the MoUs under the Right to Information Act.

Senior Counsel Canishka Witharana, who also represented the petitioners, echoed similar concerns about the lack of disclosure and urged the judiciary to ensure democratic checks on international commitments.

The petitioners included prominent civil activist Dr. Gunadasa Amarasekara, with several key state actors named as respondents including Prime Minister Dr. Harini Amarasuriya, Cabinet Ministers, and the Attorney General.

Government Strengthens Bilateral Ties with India

The contested MoUs were signed and exchanged on April 5, during a high-profile event at the Presidential Secretariat attended by President Anura Kumara Dissanayake and Indian Prime Minister Narendra Modi. The agreements signaled an intent to deepen bilateral ties between the two nations.

This ruling is expected to bolster confidence in Sri Lanka’s executive authority on foreign affairs while also raising public discourse on transparency and parliamentary oversight in the future.