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Last updated: 06 July, 2005 - Published 17:43 GMT
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CJ : LTTE controls parts of Lanka
CJ Sarath Silva
'Country must realise that there is a separate administration within SL'
Sri Lanka’s Supreme Court refused to issue an interim order preventing the functioning of Tsunami Relief Council (TRC) between the government and the Tamil Tigers.

Making the ruling the Supreme Court observed that there is a separate administration under the LTTE in Sri Lanka’s north and east.

However, the Supreme Court on Wednesday allowed a petition filed by Sinhala nationalist Janatha Vimukthi Peramuna (JVP) against the TRC to proceed.

Chief Justice Sarath Nanda Silva said there should be a mechanism to provide relief to tsunami affected people under Tamil Tigers’ control.

Constitution violated

The CJ made these comments when a petition by the JVP parliamentarians against the TRC was taken before the Supreme Court.

The counsel for the JVP told the Supreme Court that Sri Lanka’s constitution has been violated in signing the TRC, also known as Post-Tsunami Operational Management Structure (P-TOMS).

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JVP was told to understand the reality in the north and east

He argued it is a punishable offence to sign agreement with the separatist LTTE and the parliamentary approval should have been sought before signing it.

Addressing the JVP’s lawyers CJ Sarath Silva pointed out though all that may be valid in legal point of view, a government cannot avoid the responsibility of providing relief to tsunami affected people who do not live under their control.

He said the judiciary also having difficulties in dealing with issues related to LTTE-held areas.

Tiger judiciary

The CJ said that it is necessary to maintain a some sort of a understanding with the LTTE to deal with these issues.

The Supreme Court postponed the proceedings to 12 July to consider other interim requests.

The Court said it would consult Attorney General before issuing any interim order against the TRC.

The P-TOMS agreement was signed by the government and the LTTE on 24 June.

The JVP resigned from the United Peoples’ Freedom Alliance (UPFA) government on 16 June leaving President Chandrika Kumaratunga to head a minority government.

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