The Supreme Court yesterday ordered the dismissal of fundamental rights petitions filed against the government seeking an injunction restraining them from signing the controversial MCC ACSA and SOFA agreements.
The fundamental rights petitions were called yesterday before a panel of Supreme Court judges comprising justices Buwaneka Aluvihare, Kumuduni Wickramasinghe and Janak de Silva.
The fundamental rights petitions were filed by several parties, including the Government Medical Officers’ Association and Attorney-at-Law Dharshana Weraduwage, during the last government of good governance, seeking an order restraining the government from signing the Millennium Challenge Corporation (MCC) compact, Status of Forces Agreement (SOFA) and, Acquisition and Cross Servicing Agreement (ACSA).
President’s Counsel Sanjeewa Jayawardena appearing for the petitioners, pointed out that the problematic situation regarding the MCC Agreement and the ASCA Agreement has been resolved by now.
However, the President’s Counsel pointed out that so far no assurance has been received from the Government that the SOFA Agreement will not be signed. He pointed out that if the SOFA agreement was signed, the US military would have the opportunity to come in uniform and work in Sri Lanka.
The President’s Counsel pointed out to the court that this is a very serious agreement and that it violates the sovereignty of the country, national security as well as the Constitution.
The State Counsel who appeared for the Attorney General informed the court that there has been no exchange of views between Sri Lanka and the United States on the SOFA Agreement since 2019.
President’s Counsel Sanjeewa Jayawardena stated that he was not satisfied with the matter and requested that if the government was prepared to sign the SOFA agreement in the future, it should retain the right to reconsider the petition.
Accordingly, at the request of the petitioners, the Supreme Court decided to dismiss the petitions.
Courtesy: Colombo Page
