Counsel Egalahewa explains to SC why three ministers opposed Yugadanavi deal

* Cabinet Memo on Yugadanavi deal was not made available to Ministers

By Chitra Weerarathne

A proper Cabinet memorandum on the Yugadanavi issue had not been made available to the Cabinet of Ministers, Uditha Egalahewa, President’s Counsel told the Supreme Court yesterday.

President’s Counsel Egalahewa appeared for petitioner-Cabinet Ministers, Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila. They have filed fundamental rights violation petitions against the agreements the government of Sri Lanka has entered into with the New Fortress Energy Company of New York, USA.

The agreements include the handing over of 40 percent shares of the Yugadanavi Power Plant at Kerawalapitiya to New Fortress Energy Company.

The agreement was signed on September 1st 2021.

The Prime Minister, the Cabinet Ministers and the Attorney General are among the respondents.

Counsel Egalahewa PC, referred to the objections raised by the Cabinet Secretary and the Attorney General in respect of these petitions. The Cabinet Secretary has said that according to Article 43(1), a Cabinet decision was binding on all ministers.

Counsel Uditha Egalahewa stressed that the Cabinet memorandum had not been made available to the Ministers, and therefore no collective decision had been taken as a result.

Counsel Egalahewa, also said that his clients had not breached the collective responsibility of the Cabinet of Ministers. The three petitioner Ministers had kept up the Constitutional duties mentioned in Article 45(3) of the Constitution of Sri Lanka.

Counsel Egalahewa, referring to published law reports, explained that the duty of the Attorney General was to expose the truth to the Court and the people.

He said that New Fortress Energy had been registered on 06 August 2018. Throughout they had used different names. But only the address had remained the same.

There was no transparency in the proposals for development submitted by New Fortress, the counsel said.

No proper evaluation and assessment had been done, before entering into the agreement. Environment impacts had not been considered, the Counsel said.

The bench comprised, the Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Vijith K. Malalgoda and Justice L.T.B. Dehideniya.