The Supreme Court yesterday fixed for support three Fundamental Rights petitions filed seeking a declaration that the imposition of the Emergency Regulations by the President under the Public Security Act violates the fundamental rights of the people of Sri Lanka, on August 12.
These petitions were taken up before the Supreme Court Bench comprising Justices Yasantha Kodagoda and Arjuna Obeyesekere.
Senior State Counsel Rajeev Gunathilaka appearing for the respondents stated that he intends to file limited objections regarding these petitions.
However, he said that he objects to supporting these petitions at this time.
He highlighted that a Supreme Court Bench consisting of two members is sufficient to consider and allow hearing of Fundamental Rights petitions.
However, he pointed out that when petitions request the issuance of an Interim Order, the petitions should be taken up before a Supreme Court Bench consisting of three members.
He sought from Court to take up the petitions before a three-judge Bench of Supreme Court as these petitions sought to issue an Interim Order.
Counsels who appeared for the petitioners said that these petitions have been filed on an urgent matter so they should be considered urgently.
After considering facts,Court fixed the petitions for support on August 12.
The Supreme Court Registrar was ordered to list these petitions before a three-member Supreme Court Bench on that day.
Three fundamental rights petitions were filed in the Supreme Court seeking a declaration that the fundamental rights of the people of this country are being violated by the imposition of emergency regulations by the President under the Public Security Ordinance.
This petition seeks an order quashing the two gazette notifications issued imposing the emergency regulations and an interim order restraining them from acting on the said emergency regulations bearing 2022/01.
The petition was filed by the Sri Lanka Human Rights Commission former Commissioner Ambiga Satkunanathan, Liberal Youth Movement Conveners, Attorney-at-Law Namini Panditha and Rusiru Egoda and the Alternative Policy Center and its executive director Pakyasothy Saravanauththu.
The Petitions have cited the Attorney General on behalf of the President, the Attorney General, Secretary to the President Gamini Senarath, Secretary to the President Saman Ekanayake and Defense Ministry Secretary Kamal Gunaratne as the respondents.
The petitions say that the President had acted on July 17 to impose emergency regulations under the Public Security Ordinance. It shows that gazette notices 2288/07 and 2289/07 have been issued announcing those regulations.
The petition seeks a ruling that the imposition of the regulations violates a number of fundamental rights, including the right to equal protection of the law, the right not to be subjected to cruel torture, the right to freedom of assembly and the right to freedom of expression.
The petitioners points out that the imposition of those regulations is an unnecessary transfer of power to the armed forces and the police and undermines the power of the Parliament and the judiciary.
The closest example was the attack on unarmed protestors on July 22 and the hijacking of journalists’ communication equipment and the deletion of data.
Therefore, the petitions have sought from the court to declare that the imposition of these regulations violates the fundamental rights guaranteed by provisions 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5) and 14(1) of the Constitution.
The petitioners seek an order suspending the operation of the said regulations.
Also, the petitions have requested that an order be issued preventing the President or the authorized officers from imposing further emergency laws and regulations.
Attorneys Gihan Gunathilaka, Pulasthi Hewamanna and Suren Fernando appeared for the petitioners.
