A former member of the Human Rights Commission of Sri Lanka, Ambika Satkunanathan, on Thursday (28) filed a fundamental rights petition in the Supreme Court challenging the legality of the proclamation declaring a State of Emergency published in the Gazette Extraordinary dated 17 July 2022.
The petitioner, -a human rights activist, is seeking an order staying the operation of Emergency Regulation No.1 of 2022.
She states that the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 has effectively restricted the fundamental rights enjoyed by the People.
The petitioner says the regulations are vague and overbroad and amount to prior restraints of fundamental rights that are not permissible proportionate restrictions, which are necessary for a democratic society.
The petitioner alleged the regulations bestow; (a). Overbroad powers of search, arrest, detention and interrogation. (b). Restrictions and prior restraint on freedom of speech, assembly, association and movement. (c). Issuance of detention orders without judicial oversight. (d). Arbitrary piling on of punishments and imposition of offences and penalties. (e). Arbitrary or excessive restrictions on bail. (d). Arbitrary restrictions on access to detainees.
The Petitioner therefore states that the Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the Emergency Regulations are vague and constitutional overbroad, or amount to prior restraints, and are violative of, inter alia, Articles 10, 11, 12(1), 12(2), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1),(g) & 14(1)(h) of the Constitution.
The petitioner is further seeking an order restraining the President or his successor in office from issuing any further Emergency Regulations under the Proclamation of a State of Emergency.
The Attorney-General, Gamini Senarath, (Former) Secretary to the President, Saman Ekanayake, Secretary to the President, General (Retd) Kamal Gunaratne, Secretary, Ministry of Defence are the respondents in the petition
