The Bar Association of Sri Lanka has written to the Army Commander and Inspector General of Police about the unlawful removal of protesters yesterday from public areas in the Galle Fort.
The BASL in their letter to Army Commander Vikum Liyanage and IGP C. D Wickremeratne said that a group of protesters who had been holding banners and placards with slogans critical of the President and Government had been removed from the ramparts of the Galle Fort by the police and army on the 29th of June.
The particular area of the ramparts where the protesters were removed from are public and there is no lawful reason to disperse protesters.
The BASL also raised concerns about the involvement of the army in removing the protesters because it is not in accordance with the law.
In its letter the BASL cited the case of Amaratunga V. Sirimal and others (Janagosha Case) [1993] 1 SLR 272 where the Supreme Court set out the duties of the IGP. In that case the Court said that stifling the peaceful expression of legitimate dissent today can only result, inexorably, in the catastrophic explosion of violence some other day. Hence the obligation cast upon this Court by Article 4 (d) of the Constitution, to respect, secure and advance fundamental rights, would amply justify the exercise of our power (under Article 126 (4) to give directions to the police to ensure that they will respect the citizen’s fundamental right of speech and expression, and will not suppress peaceful protest.
The Court went on to say that ‘we trust, however, that the Inspector[1]General of Police will of his own volition issue appropriate directions and instructions to all Officers-in-charge of Police Stations, that criticism of the Government, and of political parties and policies, is, per se, a permissible exercise of the freedom of speech and expression under Article 14 (1)(a)’.
The BASL meanwhile re-iterated its calls that the police and the armed forces should not be used to stifle peaceful protests and dissent. ‘We call upon you to ensure that the fundamental rights of the people such as the freedom of expression including the freedom of speech and publication and the freedom of peaceful assembly which are aspects of the sovereignty of the people are respected and protected’.
The full statement can be read here:
