GMOA files FR against MCC, ACSA, SOFA | Daily News
Asks SC for interim stay order:

GMOA files FR against MCC, ACSA, SOFA

The Government Medical Officers Association (GMOA) has filed a Fundamental Rights petition in the Supreme Court seeking an interim order staying all approvals and decisions issued by anyone in respect of the Millennium Challenge Corporation (MCC) compact, Status of Forces Agreement (SOFA) and, Acquisition and Cross Servicing Agreement (ACSA).

The petitioners sought a declaration that the petitioners Fundamental Rights guaranteed under Articles 12 (1) and/or 14(1)(h) of the Constitution, have been infringed and continue to be infringed by the Cabinet of Ministers when granting approval for the execution of the Millennium Challenge Corporation compact with the Millennium Challenge Corporation of the United States of America.

The petitioners state that in the event that the purported Millennium Challenge Corporation Compact is signed or executed in Sri Lanka, it will undoubtedly erode and impinge on the fundamental tenet of Sovereignty of the Country, which the Constitution expressly provides to be “Free, Sovereign and Independent”.

Five petitioners representing the GMOA including its President Dr. Anuruddha Padeniya filed this petition naming 38 respondents including the Finance Minister and Cabinet of Ministers.

The Petitioners state that the purported Acquisition and Cross Servicing Agreement (ACSA) was entered into in the year 2007, between the Department of Defence of United States of America and the Defence Ministry - Democratic Socialist Republic of Sri Lanka, and it was valid for only 10 years, thereafter, upon the expiry of the said agreement, Sri Lankan Government entered into fresh ACSA Agreement with 50 annexures in 2017. The Original Agreement which was a very simple agreement which consisted of only 8 pages, subsequently in 2017, it was converted into an extensive, exhaustive and extensive agreement, which contains more than 80 pages, the petitioners stated.

The petitioners state that the said new purported ACSA agreement is highly in favour of the United States of America and its Citizens, and accordingly, is against the national interest of Sri Lanka.


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