The Supreme Court is to make a ruling on 15 July

Chief Justice (CJ) Sarath Nanda Silva re-stressed of the importance of a mechanism to provide relief aid to tsunami affected under LTTE-control.

The CJ on Tuesday made these observations when a petition against Tsunami Relief Council (TRC) agreement by the JVP parliamentarians was taken before the Supreme Court.

Making a similar observation last week the Supreme Court said that there is a separate administration under the LTTE in Sri Lanka’s north and east and it is the government’s duty to provide relief to tsunami affected irrespective of who controls the area.

Leave to proceed

The Supreme Court on Tuesday refused an argument by a counsel for defendant MS Jayasinghe that the parliamentarians have no legal right to make a Fundamental Rights petition against the agreement.

JVP says TRC violates Sri Lanka's constitution

Jayasinghe, Secretary to the Ministry of Relief, Rehabilitation and Reconciliation, signed the TRC agreement on behalf of the government on 24 June.

Sarath Silva said the MPs are entitled to make the petition as elected representatives of the public.

Supreme Court Judge Gamini Amaratunga, however, asked whether it is discriminatory for establishing a TRC only for six districts while many other districts are also affected by the 26 December tsunami.

Financial management

The Attorney General, replying, said it is the reality that a mechanism is necessary for policy making and financial management in tsunami affected north and the east though it may be questionable in legal terms.

The financial management in the TRC, he said, will be conducted by Sri Lanka Treasury.

The Supreme Court is to rule whether to issue an interim order preventing the establishment of the TRC on 15 July.

The TRC, also known as Post-Tsunami Operational Management Structure (P-TOMS), provides a joint structure for the government and the Tamil Tigers to share tsunami relief aid.

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