ITAK Constitution challenged in SC

BY STANLEY SAMARASINGHE-2016-02-20

The Supreme Court yesterday ordered written submissions from petitioners and respondents of a petition requesting the Court to issue a declaration that Illankai Tamil Arasu Kachchi (ITAK) is a political party, which has as one of the objectives, the establishment of a separate State in Sri Lanka.

H.K. Don Chandrasoma of Polhena, Kelaniya Housing Scheme has filed this petition under Article 157A (4) of the Constitution. Mawai Senathirajah – Secretary ITAK, Mahinda Deshapriya – Commissioner of Elections and the Attorney General have been cited as respondents.

According to the petitioner, ITAK is duly registered under the country's election laws although it has in its Articles of Association stated specifically that its mission besides other objectives is to establish a separate State within the territory of Sri Lanka.
The petitioner states that the ITAk Constitution makes no explicit statement to the effect that the party will not support or endorse the formation of an autonomous government, nor that it will not exercise any action to secure secession. The petition states that in the circumstances the only inference to be drawn from its Constitution is that ITAK's objectives include forming of such an autonomous government.

The petitioner further states that the concept of self-determination has been discussed in international jurisprudence in three important cases as Separate State or States.
The Bench comprises Justices Priyasath Dep, Upali Abeyratna, Anil Goonaratne, who, after hearing both parties ordered them to give Court written submissions within two months.
Dharsan Wijesekera appeared for the petitioner while M.A. Sumanthiran appeared for the respondents.