Nadarajah Gunasekeram vs Ministry of Defence and Urban Development – SC F.R. NO.167/2013-2013

In the case between Nadarajah Gunasekeram (Petitioner) and a group of Respondents comprising former and current government and military officials, the court addressed the issue of alleged infringement of fundamental rights under Articles 12(1) and 14(1)(h) of the Constitution, arising from continued displacement and denial of access to property in a designated “High Security Zone” following the cessation of hostilities and lifting of the State Emergency. It was determined that the petitioner did not establish that any constitutional rights were violated, despite the existence of notices, fencing, and ongoing land acquisition procedures. The holding reaffirmed the principle that the onus is on the claimant to establish a clear violation of fundamental rights. The decision relied on the requ