With the decision of the Tamil National Alliance (TNA) to enter in to a ‘conditional’ agreement with opposition candidate at the Presidential election, Sarath Fonseka, political circles are agog with the question whether Fonseka has accepted the TNA condition that the north and east should be merged once again.

According to media reports, Retired Gen Fonseka and TNA leader R Sampanthan agreed on ‘immediate measures’. According to The Island, these measures include dismantling of high security zones in the north, speedy restoration of civil administration and normalcy in the war-affected areas, termination of Emergency and release of all persons detained under PTA.

However, highly reliable sources close to the negotiators confirmed that the TNA’s main demand that the de-merged north and east should be merged as a single unit once again has also been acceded to by Sarath Fonseka.

The Daily Mirror, reporting on the Fonseka-TNA talks reported that Sampanthan declined to comment further on the talks.

“If this is true it is a revival of the Eelam cause,” said former Treasurer of the United National Party (UNP) Tilak Karunarathne. “It is indeed giving a second life to the Eelam demand, which was put to rest by the Mahinda Rajapaksa government in May 2009. If true, it is the biggest danger to the sovereignty and territorial integrity of Sri Lanka,” Karunarathne said.

The north and east were temporarily merged under the Indo-Lanka Agreement and the conditions laid down in the letters exchanged between President J R Jayewardene and Prime Minister Rajiv Gandhi. According to the Agreement the fate of the merger was to be finally decided at a referendum in the east to be held before 31st December 1987. However the proposed referendum was annually postponed for eight years.

Subsequently, following three petitions challenging the merger by the JVP stating that the merger was ultra vires the Constitution, the Supreme Court bench headed by Chief Justice Sarath N Silva unanimously ruled against the merger on October 16, 2006. Accordingly the de-merger took place effective January 2007.
Legal luminary the late H L de Silva PC, and Senior Counsel S L Gunasekera and Gomin Dayasri argued that the temporary merger was unconstitutional and the bench ruled in their favour.

The TNA comprises four parties, TELO, EPRLF (Suresh Wing), ACTC and a section of the TULF. All these parties have consistently demanded the permanent merger of the north and east.