Supreme Court issues notice to 31 including President, PM, Cabinet

These petitions were called before a bench of Supreme Court judges comprising Chief Justice Preethi Padman Surasena, Kumuduni Wickramasinghe and Sampath Wijeratne today.

Solicitor General Viraj Dayaratne, appearing for the Attorney General, stated before the court that the respondents, including the Cabinet members, who are named as respondents in this petition, have not received notice.

Attorney-at-Law Kanishka Vitarana, appearing for one of the petitioners, stated that an expedited date should be given for the consideration of this case.

Accordingly, the bench of judges informed the petitioner's lawyers to issue notices to the respondents again.

The bench of judges then ordered that this petition be called on October 17th for consideration.

The respondents in these petitions include the President, Prime Minister Harini Amarasuriya, and the Cabinet, along with 31 others.

The petitioners claim that the Sri Lankan government has entered into a Memorandum of Understanding with India regarding a project related to the issuance of digital national identity cards for Sri Lankan citizens.

The petition states that two Cabinet decisions have been taken in this regard on January 27 and June 02, and that these Cabinet decisions have been taken without informing the public or Parliament.

The petition points out that the Sri Lankan government has entered into a Memorandum of Understanding with the Indian government in 2022 regarding these activities and that these two Cabinet decisions have been taken to amend the said Memorandum of Understanding.

The petition alleges that through this Memorandum of Understanding, information including biometric data of Sri Lankan citizens will be in the hands of India, which will provide India with opportunities to interfere in the internal affairs of Sri Lanka.

The petition has pointed out that the government's decision to transfer the project to an Indian company, contrary to the government's procurement process, while the Department of Registration of Persons is preparing a program to issue a digital identity card locally, is arbitrary and unlawful.

The petition has pointed out that this will provide an opportunity for a foreign state to interfere in the sovereignty, national economy, national security and independence of Sri Lanka, and that this will violate the fundamental human rights guaranteed by the Constitution.

Accordingly, the petition has further requested that an order be issued to invalidate the existing Memorandum of Understanding with India and the relevant cabinet decisions and to issue an order preventing the implementation of this identity card project.