The chief justice Priyasath Dep dismissed the case filed by representatives of hard line Sinhala Organizations against the Ilankai Thamizh Arasuk Kaddchchi (ITAK) on the basis of demanding Federal System is not secessionism.
He has also pointed out that the ITAK had not acted with a policy of forming a separate state within Sri Lanka.
A case was filed in 2014, claiming that the Constitution of ITAK and the Election Manifesto put out by that party are of secessionist nature. 6 more cases were filed in connection with this case. The first case was taken up for hearing yesterday before a 3 – judge team including Chief Justice Priyasath Dep.
Complainants had submitted that the Constitution of ITAK contains the term ‘Samasdy’ , it was then changed to “Inaipadchchi” in pure Tamil and this is beyond Federal System.
The AAL for ITAK, President’s Council M.A.Sumanthiran then submitted that even if it is beyond ‘Federal System, it is coming within the definition of Federal System. He cited several judgments in international cases including those delivered by Canadian Supreme Court and in Kosovo Case.
It is notable that, if the accusations against the ITAK had been proved, all its Parliamentary and Provincial council posts could have been forfeited and its members jailed and their assets forfeited.