Proscribed Muslim organisation: SC grants leave to proceed in FR petition

The Supreme Court has granted leave to proceed in the fundamental rights petition filed by All Ceylon Jam – E – Athul Ansaris Sunnathuil Mohammedia against the proscription of their organisation. Eleven Muslim establishments were proscribed by Gazette Notification No. 2223/3 following the Easter Sunday Bomb Attacks, including the petitioner.

Dr. K. Kanag-Isvaran, PC, appearing for the petitioner argued that the proscription of the petitioner was arbitrary, capricious, unreasonable, unjustifiable and in total violation of the rule of law and called upon the Attorney General to show even one instance where the conduct of the Petitioner had been against national interest or public order or against the rule of law.Additional Solicitor General Nerin Pulle, PC, appearing for Attorney General, told the court that the petitioner was named in the final report of the Commission of Inquiry to investigate and inquire into the Easter Sunday Bomb Attacks as promoting Wahhabism and objected to leave to proceed being granted.

Dr. K.Kanag-Isvaran, PC, stressed  that there was no charge sheet against the petitioner and none of its representatives or Directors or members were called to give evidence before the said commission and there was no allegation levelled against it in the report issued by the said commission of Inquiry and its name could not have been in the said report.

Justice E. A. G. R. Amarasekara, Justice Achala Wengappuli and Justice Arjuna Obeyesekere, having heard extensive submissions, granted leave to proceed in terms of Article 12(1) of the Constitution and fixed the matter for argument on 05th May, 2022.