JVP argued the government has no power to sign a pact with the LTTE

The courts ruled that the part of the deal, widely known as Post-Tsunami Operational Management Structure (P-TOMS), is against Sri Lanka’s constitution.

The Supreme Court stressed that the whole P-TOMS agreement would not be suspended by the ruling.

The courts suspended the establishment of tsunami financial office in Kilinochchi.

Kilinochchi headquarters

According to the order, powers vested upon the Regional Committee of the TRC such as financial management and drafting and authorising projects are also suspended.

Chief Justice Sarath Silva said the government cannot transfer powers of financial management and policy planning to any committee and there should be a transparency in such matters.

SC recommended to establish an account for TRC money under SL law

The Supreme Court recommended that the monies received for TRC to be held in a separate account under the purview of Sri Lanka’s law and to establish the financial head office somewhere else with mutual consent.

The courts made these recommendations after considering a Fundamental Rights (FR) petition produced by the Peoples Liberation Front (JVP).

The JVP argued that the agreement was illegal stating the government cannot sign any agreement with a terrorist organisation.

Recommendations

Rejecting the argument, the courts said powers vested upon President Kumaratunga authorise her to sign the agreement.

The Cease Fire Agreement (CFA) signed in 2002 has created a legal framework for such future pacts, CJ Sarath Silva said.

The TRC was signed on 24 June to share tsunami relief aid between the government and the Tamil Tigers.

JVP and all-Buddhist monk party Jathika Hela Urumaya (JHU) strongly opposed the deal saying the LTTE would be able to legitimise their claim for a separate homeland.

Muslims also opposed the deal on the basis of most-affected community on 26 December tsunami has been discriminated against.