Fundamental rights violations petitions against the declaration of Emergency allowed to proceed

By Chitra Weerarathne

The Supreme Court yesterday granted leave to proceed with the fundamental rights violations petitions filed against the recent declaration of Emergency by the President and fixed the next hearing for 15 July.

At the outset President’s Counsel, M. A. Sumanthiran, who supported the petition, said that President Gotabaya Rajapaksa had on 01 and 02 April, declared Emergency without parliamentary approval. The President should have referred the matter to Parliament since parliament was in session and not dissolved, Sumanthiran said.

Sumanthiran said that the President had acted in his capacity as Defence Minister and imposed Emergency, followed by a curfew. With this the People’s right to expression and movement had been curtailed. All this was done on the assumption that on the Sunday last there would be public rallies demanding the President to resign, he said.

Social media was blocked and the access to Telecommunication Services was interrupted, the counsel said. After four days the aforesaid emergency was been revoked. There was an unreasonable restriction of the Peoples right to expression and movement, he said.

The Deputy Solicitor General Rajiv Goonetillake, who appeared for the Attorney General told the Court that the Proclamation of Emergency by the President could not be challenged in the Supreme Court.

Only the actions taken in consequence could be challenged, he said.

The proclamation of Emergency had to be checked by parliament but not by judicial scrutiny, Goonetillake said. In respect of the allegation of the ban on the social media, the President might direct the Telecommunications Regulatory Commission as the Minister of Defence, the DSG explained. The DSG explained that large crowds gathering could have caused a social calamity. The President had taken steps to avoid it for the safety of the people.

A precautionary measure had been taken by the President, the DSG said.

The bench comprised, Justice Murdhu Fernando, Justice Achala Wengappuli and Justice Mahinda Samayawardane.