Petitions challenging Trinco oil tank farm deal re-fixed for support on 25 May

By Chitra Weerarathne

The two petitions filed on the Trincomalee Oil Tanks agreement were re-fixed for Support on 25 May after they were called before the Supreme Court on Thursday .

The first respondent, Attorney General, was given time till 11 March to file objections.

The first petition was filed by Wakmulle Uditha Thera of the Jathika Bhikku Peramuna. He filed the fundamental rights violation petition through Attorney-at-Law Sunil Watagala.

The second petition was filed jointly by Elle Gunawansa Thera and Bengamuwe Nalaka Thera.

The petitioners have named 47 persons including the Attorney General, the Secretary to the President, the Minister of Finance, the Secretary to the Ministry of Defence, the Minister of Energy, and the Auditor General as respondents.

The petitioners claim that the Minister of Energy Udaya Gammanpila, at a press conference on 4 January, announced the Cabinet had approved the joint development of the Trincomalee Petroleum Tank Complex with Lanka Indian Oil Company.

The petitioners have claimed that it was reported in the media that an agreement was signed between the government of Sri Lanka and the Lanka IOC to establish a company named Trinco Petroleum Terminals Pvt. Ltd., to carry out the development activities.

The petitioners have claimed that the Constitution does not give Cabinet the power to make such a decision and thus the manner in which the agreement was signed is against the law.

The petitions allege that the Cabinet has violated the public’s trust in the government and the rule of law.

The petitioners have requested the Supreme Court to nullify the agreement and the decision of the Cabinet of Ministers.

The petitioners have also demanded that the Cabinet decision and copies of the agreement be placed before the Supreme Court for an inquiry.

The petitioners have further requested the Supreme Court to issue an order under Article 132 (3) of the Constitution to consider this petition before a special panel of judges.

The bench comprised Justice Murdhu Fernando, Justice Yasantha Kodagoda and Justice Shiran Gooneratne.