The Supreme Court today granted leave to proceed with three fundamental rights petitions filed challenging the legality of the proclamation declaring the State of Emergency.
A three-judge bench of the Supreme Court comprising Justices Vijith Malalgoda, Achala Wengappuli, and Mahinda Samayawardena decided to grant leave to proceed with the petitions over alleged violations of articles 12 and 14(1) of the constitution.
Meanwhile, the Supreme Court directed the Attorney General to submit a report if any amendment is made to the regulations before the next argument date. The petitions were fixed for argument on the 28th of October.
Three fundamental rights petitions have been filed by former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan and co-conveners of the Liberal Youth Movement Namini Panditha, Rusiru Egodage Centre for Policy Alternatives (CPA) and its Executive Director, Dr Paikiasothy Saravanamuttu. The petitioners are seeking an order staying the operation of Emergency Regulation No.1 of 2022, published in the Gazette Extraordinary dated July 17, 2022.
In her petition, former HRCSL Commissioner Ambika Satkunanathan stated that the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 has 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 for a democratic society.
