Home / News/ Petitions against ITAK and TNA: SC fixes to mention on 6 September

Petitions against ITAK and TNA: SC fixes to mention on 6 September

Comments / {{hitsCtrl.values.hits}} Views / Saturday, 1 April 2017 00:00

By S. S. Selvanayagam

The Supreme Court this week fixed to be mentioned on 6 September the Special Petitions filed against the Ilankai Tamil Arasu Kadchi (ITAK) and Tamil National Alliance (TNA).

The Bench comprised Justices B. P. Aluvihara, Priyantha Jayawardane and Anil Gooneratne.

Altogether, five petitions are filed against the ITAK and TNA seeking declarations from the Court that the aim and/or object of the ITAK, also known as the Federal Party, as well as the organisation and/or association TNA is the establishment of a separate state within the territory of Sri Lanka.

The petitioners are Patriotic National Movement President Dr. Gunadasa Suriarachchi Amarasekara, Patriotic Buddhist Front Secretary Ven. Bengamuwa Nalaka Thero, Swarna Hansa Foundation President Punyawardena Alwis, Buddha Maha Sanvithanaya (Buddhist Way Organisation) President Sathischandra Dharmasiri and Jaffna Buddhist Association President Arulnesaratnam Ravikamar.

The petitioners cited Secretary of ITAK and General Secretary of TNA Mavai S. Senathirajah, TNA President R. Sampanthan and Elections Commissioner Mahinda Deshapriya as respondents.

Kanishka Vitharana appeared for the first petitioner, while Palitha Gamage appeared for the second petitioner. Kalinga Gamage appeared for the other three petitioners. K. KanagIswaran PC, with M. A. Sumanthiran, Viran Corea, Luxman Jeyakumar and Niran Anketell, instructed by Moahan Balendra, appeared for Mavai Senathirajah and R. Sampanthan. Deputy Solicitor General Nerin Pulle appeared for the Attorney General.

The petitioners stated that the TNA in its election manifesto made several statements that were indicative of and with the expressed or implied objective of establishing a separate state within the territory of Sri Lanka.

The TNA is an alliance of several constituent recognised political parties. The alliance itself is not a recognised political party and is, therefore, contesting under the name of ITAK and its ‘House’ symbol at the Northern Provincial elections, the petitioners said.

The ITAK gave nominations to contest as a political party in the Northern Provincial Council elections for five districts where 714,488 voters were eligible to cast their vote to elect 36 members to the said Council from among 56 contestants.

The TNA in its manifesto, , the petitioners further said, firmly believes that sovereignty lies with the people and that it is not the Government in Colombo that holds the right to govern the Tamil people, but the people themselves.

The TNA maintains that in this regard, the 13th Amendment to the Constitution of Sri Lanka is flawed in that power is concentrated at the Centre and its agent, the Governor.

It contends that promoting any deviation from and/or attacking the very structure of the Unitary State of Government and the inalienable sovereignty of the State shall be deemed to be a violation of Article 157 of the Constitution and also amounting to an act of working with the objective of creating a separate State.

Share This Article


1. All comments will be moderated by the Daily FT Web Editor.

2. Comments that are abusive, obscene, incendiary, defamatory or irrelevant will not be published.

3. We may remove hyperlinks within comments.

4. Kindly use a genuine email ID and provide your name.

5. Spamming the comments section under different user names may result in being blacklisted.


Today's Columnists

Greening China and BRI: Chinese legal framework for sustainable environment protection

Tuesday, 20 November 2018

The concept and scope of greening the belt and road The Greening BRI is to add the ‘greening’ notion along with the ‘BRI’. Building a ‘Greening BRI’ means adhering to the concept of green development, balanced development, harmony betwee

Political evil paralysing Parliament

Tuesday, 20 November 2018

Our politics has arrived at a point when we must insist on recognising the niceties of human nastiness. Organised horror in Parliament is either trivialised or ignored by most of mainstream media print and electronic.

10 theses on Sri Lanka’s existential crisis: Roots, dynamics, dimensions

Tuesday, 20 November 2018

1.The crisis has deep national, social and psychological roots. Our island contains two consciousnesses or two types of consciousness, two competing states of mind. Contrary to myth, the periphery of our island has the longest uninterrupted colonial

Make toilets and safe sanitation services accessible to all

Tuesday, 20 November 2018

All people everywhere should have access to safe sanitation services, including hygienic toilets that are connected to quality sewage systems. For many people across the WHO South-East Asia Region, as across the world, access to these services never

Columnists More