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SC ruling puts farmer back in Jaffna HSZ
A landmark judgement by the Supreme Court will enable a Jaffna resident evicted from his home in the High Security Zone (HRZ) to re-settle there. Chief Justice Sarath N Silva headed a three-judge bench which delivered the verdict and overruled a request from the State that a clause be included that the particular case could not be used as a precedent for similar cases.

However the Court held that in the event of similar applications the case would be considered on its own merit. The other two judges of the bench were Justice Hector S Yapa and Justice M K Udalagama.

High Security Zones constitute a vast area of land ahead of defence lines protecting military installations in the Jaffna peninsula. Such zones were set up after civilian residents were asked to move out. The zones were at least 600 metres wide to avoid small arms fire and stretched much further in some areas.

The order was given in respect of a fundamental rights case filed by farmer Sinnappu Sivagnanasambandar of Pannalai, Jaffna against the Army for dislocating him from his residence on the grounds that he was residing in a High Security Zone. His house was located at Tellipalai near the KKS harbour.

Delivering judgement, the Chief Justice noted that despite the judgment it was better for the public to seek the advice of the Army before resettling in the area. State Counsel S. Rajaratnam appearing on behalf of the Army did not object to the plaintiff returning to his residence..

The lawyers appearing on behalf of the petitioner pointed out that though there were 31different gazette notifications demarcating locations as High Security Zones, there was no gazette notification demarcating the particular area in the north as a High Security Zone or restrictive zone.

The State Counsel informed court that he had been informed by the Army Commander that in the absence of any threat to the security forces, there was no objection for the petitioner being allowed to resettle, but the petitioner himself should be responsible for his safety.

At least two more similar cases have been filed in the Supreme Court claiming that their rights had been violated by the army's action of not permitting them to resettle in areas demarcated as 'High Security Zones'.

Among the petitioners are TNA Parliamentarian Mavai Senathirajah. The cases are to be taken up for hearing on October 25. Court was told that some 20,000 families have been affected by the decision not to allow persons to resettle in High Security Zones.

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