Following the successful legal challenge brought by the JVP (Janatha Vimkuthi Peramuna), the Supreme Court orders that implementation of certain clauses of the Post Tsunami Operational Management Structure (PTOMS) agreement should be suspended until a final court determination, stopping short of declaring the agreement illegal.
In an interim injunction, the court stayed “till final determination” critical operative elements of the Regional Committee that was formed as one of the three tiers under the PTOMS agreement. The three-member Bench of the Supreme Court unanimously stayed the project approval and fund management functions of the committee – the most critical element of the joint mechanism at the regional level.
The court did not object to the other two tiers – the national and the district committee – and made it clear that the interim order “is not granted in respect of the entirety” of the MoU establishing the PTOMS.
Provisions of joint mechanism stayed, The Hindu, 16 July 2005.
“We have succeeded in our struggle. There is nothing in the agreement now.” Vijitha Herath, international secretary of the JVP and former Cabinet Minister.
“The structure as provided in the MoU consisting of committees may be established and become functional subject to the restrictions imposed by the judgement.” Supreme Court ruling.
PA and JVP jointly campaign against interim administration
GoSL signs PTOMS agreement
Supreme Court declares 1987 merger of the Northern and Eastern provinces as unlawful
Experts’ Committee of the APRC reports