The Supreme Court today granted leave to proceed to seven petitioners from the Eppawala area who claimed that the proposed agreement between the Government of Sri Lanka and Sarabhoomi Resources (Pv ) Ltd.( Joint venture of IMC Agrico of USA , Tomen Coporation of Japan and Lanka Phosphate Ltd) would give rise to an imminent infringement of their fundamental rights.
The petitioners claimed that their right to equality before the law and equal protection of the law under Article 12 (1) of the Constitution, and their rights to carry on their chosen occupation d to reside in a place of their choice within Sri Lanka guaranteed by Articles 14 (1) (g) and (h) would be infringed if this controversial project went ahead. They cited the reports of many scient ts including the report recently commissioned by the Minister of Science and Technology, all of which condemned the project on environmental and economic grounds and claimed that more nationally ficial options were available for exploiting one of Sri Lanka's most valuable natural resources.
The petitioners had claimed that the final text of the relevant agreements had not been made public and were likely to be concealed in view of the controversy surrounding the project. The Court ected that in the event of the Mineral Investment Agreement having been signed, the State should produce the certified copy thereof to Court within one week.
The Secretary to the Ministry of Industrial Development, the Board of Investment, the Geological Survey and Mines Bureau, the Central Environmental Authority and the Companies involved in the proje as well as the Attorney General were made respondents to the petition. They were given time till 17th December to file their objection.
The application was heard by Justices Fernando, Wadugodapitiya and Gunasekera. Mr. R K W Goonesekere with Ms. I R Rajepakse and Mr. Jagath Gunewardene, instructed by Ms. Lilanthi de Silva appeared or the petitioners. Mr. U P Egalahewa appeared for the State.
Argument in this case was fixed for 15th and 16th of March 2000.
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