The Supreme Court yesterday granted leave to proceed with the four Fundamental Rights petitions filed challenging the legality of the proclamation issued by President Gotabaya Rajapaksa declaring a state of emergency on April 1.
A three-judge bench of the Supreme Court comprising Justice Murdu Fernando, Justice Achala Wengappuli and Justice Mahinda Samayawardena granted leave to proceed for violating Fundamental Rights under Article 12(1), 14(1)(a), 14(1)(g) and 14(1)(h) of the constitution. The Supreme Court fixed the four petitions for argument on July 15.
On April 1 2022, the President had declared a state of emergency by proclaiming section 2 of the Public Security Ordinance.
The petitioners are further challenging the legality of the curfew order issued by the President on April 2 under section 16 of the Public Security Ordinance. The Defence Minister directed the Telecommunications Regulatory Commission by instructing the service providers to impose temporary restrictions on social media platforms.
President’s Counsel M.A. Sumanthiran appearing for journalist Roel Raymond submitted to the Court that the decision to declare a state of emergency was not in the interest of public security but solely for the collateral purpose of preventing the people from voicing their legitimate criticism against the incumbent government. Sumanthiran argued that the objective behind the issuance of curfew order was not maintenance of public order but to suppress public protests.
However, Deputy Solicitor General Rajiv Goonatilleke appearing for the Attorney General, stated that there is no provision to challenge the proclamation of emergency regulations issued by the President in a Court of Law.
He argued that the objective behind the imposition of emergency regulation and curfew orders had been to safeguard people and their property from an imminent breach of peace.
Dr Gehan Gunatilleke, Counsel Pulasthi Hewamanne, Counsel Suren Fernando, instructed by Attorney-at-law Raj Mohan Balendra practising, in the name style and firm of Sinnadurai Sundaralingam and Balendra, appeared for petitioners Rasika Jayakody, Shashi Windsor and Lihini Fernando.
