SC dismisses petition challenging Mittal project

By S. S. Selvanayagam

The Supreme Court dismissed a fundamental rights petition challenging a contract to build 65,000 steel houses in the North for displaced persons.

Counsel Upul Jayasuriya, appearing for Minister D. M. Swaminathan in the fundamental rights petition, told the Supreme Court that there was a lot of misrepresentation and falsehood in the Petition, and further asserted that even the Cabinet of Ministers had declined to make a decision on the matter.

Jayasuriya contended that the petition had been filed with speculation driven by social media and told the Court they filed action for contempt of Court.

Additional Solicitor General Sanjay Rajaratnam submitted that no decision has been made and that the Application was premature. 

Sanjeeva Jayawardane PC with Suren de Silva and Jeevan Gunatilake appeared for Arcelor Mittal and its CEO Lakshmi Mittal. He said that 90,000 people have applied to become a beneficiaries of the housing project. He asserted that none of the people in the area had complained against the scheme and that such criticism was from people unconnected to the project who were attempting to obstruct it.

The fundamental rights petition was filed by an activist complaining of alleged irregularities and inconsistencies in the contract to build 65,000 houses with an international company.

Petitioner Mohamed Fazl lamented that Cabinet Appointed Negotiation Committee (CANC) Chairman and Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Affairs D. M. Swaminathan had awarded the contract bypassing procedures and the law. Fazl cited the Minister, Prime Minister, Members of the Cabinet of Ministers, the Attorney General and Luxembourg based International Company Aracelor Mittal and others as Respondents.

Fazl stated that the refusal by the Minister and other Respondents to disclose information to beneficiaries, take their views into consideration and consult experts on the plans suitability in socio-economic, cultural and environmental terms, violates the right to freedom of expression.

Fazl was seeking an Interim Relief from the Court to direct the Minister to desist from entering into any contract relating to these constructions and to nullify the decision by the Minister to grant the contract to Arceor Mittal. The Bench comprised Chie Justice K. Sripavan and Justice Sisira J. De Abrew.