International   

Sri Lankan SC verdicit on right to vote

By V.S. Sambandan

COLOMBO MARCH 26. In what is termed as a landmark verdict, the Sri Lankan Supreme Court on Tuesday held that the right to vote cannot be compromised in the name of security and ruled that preventing those living in areas under the control of the Liberation Tigers of Tamil Eelam (LTTE) from voting in polling stations located in Government-held territory during the 2001 Parliamentary elections was an infringement of fundamental rights. The verdict gains significance with local body polls expected to be held in the coming months in the north and the east. During the conflict, voters in rebel-held areas were required to cross over to Government-controlled areas to cast their votes in poling stations that were "clustered" to ensure "peaceful polling".

The ruling was made on a set of petitions from voters in the eastern Batticaloa and northern Vanni electoral districts that they could not exercise their franchise in the Parliamentary poll. According to one of the petitioners, about 500 voters were denied permission at an Army checkpoint to enter the cleared areas to vote. During the elections, a large number of polling booths were clustered in areas held by the Government.

A three-judge Bench observed that "the fundamental rights to equality, freedom of expression, freedom of movement and choosing their residence in Sri Lanka had been violated by the Elections Commissioner and the Army Commander", who were asked to personally pay a part of the compensation, newspaper reports said. The Bench also awarded a total compensation of Rs. 39 lakhs to three petitioners. Parts of the Vanni and Batticaloa electoral districts are under the direct control of the LTTE for over a decade. The Daily Mirror quoted the Bench as saying: "the proved infringements were in themselves serious and that the decision-making process, which resulted in those infringements, were shrouded in secrecy, haste and bad faith". The ruling also noted that "the infringements took place at a time when there was a serious erosion of public confidence in the integrity of the electoral process". It was "extremely important" to ensure free and fair polls, "particularly in the uncleared areas" as those living there "needed reassurance, if peace and national reconciliation were to become a reality", the Court said.

In the same ruling, the Bench also held that the "special arrangements" made by the Elections Commissioner to enable VVIPs, including the President, Chandrika Kumaratunga, to vote from "the safety of their homes" was "not sanctioned by law", a report in the state-run Daily News said.

Printer friendly page  
Send this article to Friends by E-Mail

International

News: Front Page | National | Southern States | Other States | International | Opinion | Business | Sport | Miscellaneous |
Advts: Classifieds | Employment | Obituary |

Stories in this Section

• War far from over: Bush
• U.N. to push for a resolution?
• U. S. plays the 'Shia card'
• Declines comment on missile strikes
• Missiles will not usher in democracy, says Russia
• Blair for broader peace agenda
• Virus spreads in Hong Kong
• North Korea raises new rumpus
• Friendly fire claims 2 more lives
• Sri Lankan SC verdicit on right to vote
• Gujarat violence rocks U.K. Parliament
• Japan set to launch spy satellite
• Russia expresses anguish
• India did not notify Prithvi test: Pak.

Copyright © 2003, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu