The Supreme Court today granted leave to proceed with a Fundamental Rights petition filed challenging the authority’s decision to reopen liquor shops, violating quarantine laws prevailed on or around September, 2021.
Accordingly, a majority of a divided three-judge-Supreme Court bench decided to grant leave to proceed with the petition under Article 12(1) of the constitution.
The Supreme Court three-judge bench comprising Justice Preethi Padman Susena, Justice Janak de Silva and Justice Mahinda Samayawardena fixed the petition for argument on September 16.
The President, Vice President and Secretary of the United National Society of Self-Employed have filed this petition in the Supreme Court seeking an interim order to direct the relevant authorities to take appropriate steps preventing the opening of liquor shops. The Petitioners state that on or about 17th of September 2021, the petitioners came to know that several liquor outlets and wine stores around the country were open and carrying on business.
Petitioners argued that everyone must be equal before the law and that non-application of the law to a certain selected individuals or enterprises violates Article 12(1).
The Attorney General representing the Respondents objected to leave being granted.
The Petitioners state that according to the law prevailed at that time all the liquor shops in the country were not allowed to operate. They alleged the opening of liquor shops around the country is a violation of certain laws mainly under the Quarantine and Prevention of Diseases Ordinance.
The Petitioners further alleged that the authorities including the Police and Excise Departments, who are responsible to uphold the law of the country failed to take necessary legal action.
The Petitioners have named Director General of Health Services, Inspector General of Police, Commissioner General of Excise Department, Minister of Health Service, Attorney General and 42 others who are members of the Presidential Special Task Force to Prevent Covid.