SJB files three FR pleas challenging attempts by police to prevent public protests

The Samagi Jana Balawegaya (SJB) on Friday filed three Fundamental Rights petitions in the Supreme Court seeking an order that attempts made by police to prevent protests using quarantine regulations violated the peoples’ fundamental rights.

The petitions were filed by three parliamentarians, Ranjith Maddumabandara (SJB General Secretary), Harshana Rajakaruna and Mayantha Dissanayake.

The petitioners named IGP Chandana Wickremaratne, Director-General of Health Services Asela Gunawardena, Health Minister Pavithra Devi Wanniaarachi and the Attorney General as respondents.

The petitioners pleaded that the guidelines by the Director-General of Health Services are illegal, unlawful, discriminatory and infringes the fundamental rights of the petitioners and the public.

The petitioners argued that the Director-General of Health Services does not have the right to issue such guidelines to be adhered to in public places.

The petitioners further said the highhanded actions of the police are unlawful and illegal by violating the Fundamental Rights of the citizenry.

They are seeking a declaration that the  Petitioners’ fundamental rights under Articles 12(1), 13, 14(1)(a), 14(1)(b) and 14(1)(c) guaranteed under the Constitution have been infringed by the respondents.

The petitioners said that the law relating to preventive measures of pandemic diseases is contained in the Quarantine and Prevention of Diseases Ordinance No.3 of 1897 (as amended).

The Petitioners further said that they have been made aware of a letter dated 6.7.2021 bearing number PMD/PR/845/21 titled “Conducting various protests by creating a health hazard” issued by the Police Media Division to all media entities, concerning a letter bearing No. DDG(PHS)1/DO2/7/13/2017/20 of the Director-General of Health Services informing there is a high possibility of the risk of spread of the Covid-19 virus by large public gatherings such as protests and therefore the general public ought to refrain from organizing large public gatherings and protests.