Three Fundamental Rights petitions filed challenging the legality of the proclamation declaring a State of Emergency were yesterday fixed for support on Friday (12) by the Supreme Court.
Three petitioners, including former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan and co-conveners of the Liberal Youth Movement Namini Panditha and Rusiru Egodage, had filed these petitions seeking an order staying the operation of Emergency Regulation No.1 of 2022, published in the Gazette Extraordinary dated July 17, 2022.
When the petitions came up before the Supreme Court two-judge-bench comprising Justices Ysantha Kodagoda and Arjuna Obeysekera, the lawyers appearing on behalf of the petitioners reiterated the importance of hearing these petitions as early as possible due to the urgency and importance of the matters.
In her petition, former HRCSL Commissioner Ambika Satkunanathan stated that the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 have the effect of restricting the fundamental rights of the people. The petitioner is of the view that the regulations are vague and overbroad, amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.
According to the petitioner, the regulations grant (a) broad powers of search, arrest, detention, and interrogation.(b). Restrictions and prior restraints 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 Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the Emergency Regulations are vague and constitutionally 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 pursuant to 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 were named as the respondents in the petition.
