The Supreme Court today granted leave to proceed to hear three Fundamental Rights petitions filed seeking a declaration that the fundamental rights of the people have been violated by the decision to impose emergency regulations by the President under the Public Security Ordinance.
Court also advised the Attorney General to revisit the emergency regulations and if any should be amended and file a report within two weeks.
The matter was taken up before a three-member Supreme Court Bench consisting of Justices Vijith Malalgoda, Achala Wengappuli and Mahinda Samayawardhena.
The petitions have been filed by former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan, the Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu.
Petitioners argue that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately.
Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 are overbroad and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.
Petitioners further stated that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 do not address the economic and political crisis faced by the country and have been designed and/or promulgated with the collateral purpose of stifling dissent and the freedom of assembly and not to address any legitimate public security concern.
Court fixed for argument on the 28th of October.