AG requests full bench for Yugadanavi petitions

by AJA Abeynayake

The Attorney General on Friday requested the Supreme Court to appoint a full bench of five or more judges to hear fundamental rights petitions filed against the Cabinet decision to transfer 40 percent of the state-owned shares of the Kerawalapitiya Yugadanavi power plant to an American company, New Fortress Energy (NFE).

Additional Solicitor General Farzana Jameel, who appeared for the Attorney General, requested the appointment a full bench to hear the case when relevant petitions were taken up for consideration before Supreme Court Judges Buwaneka Aluwihare, A.M.H.D. Nawaz and Mahinda Samayawardena on Friday (12).

Jameel stressed the need for appointing a full bench to consider these petitions of national importance.

The three-judge bench said that the Attorney General’s request would be referred to the Chief Justice.

The FR petitions were filed by the Archbishop of Colombo, His Eminence Malcolm Cardinal Ranjith, Ven Elle Gunawansa Thero, The opposition Samagi Jana Balavegaya (SJB), former JVP MPs Sunil Handunnetti and Wasantha Samarasinghe and a group including Ven. Bengamuwe Nalaka Thero, Dr. Gunadasa Amarasekara and Dr. Wasantha Bandara.

The petitioners have challenged the decision taken by the Cabinet of Ministers to transfer shares in West Coast Power Limited (WCP) – the owner of the 310 MW Yugadanavi Power Plant to US-based NFE.

The petitioners claimed that the government has not properly explained particulars of the deal even to the Cabinet of Ministers and also alleged that the government failed to obtain the approval of Parliament for signing the agreement in question.Also, the relevant share transfer process had not been carried out in accordance with formal tender procedure.

The court directed that the fundamental rights petitions be considered on Nov 27.