Legal experts say the State of Emergency is not in force at present.
Speaking to NewsRadio, Senior Attorney Prof. Prathibha Mahanamahewa said an Emergency Declaration must be passed in Parliament within 10 days from the date of its declaration adding that the 14-day validity period came to an end yesterday.
Prof. Mahanamahewa said therefore the State of Emergency will not be effective.
He said the President declared a State of Emergency through an Extraordinary Gazette Notification by virtue of powers vested in him by Section 2 of the Public Security Ordinance (Chapter 40), as amended by Act, No.8 of 1959, Law No.6 of 1978 and Act, No.28 of 1988.
Prof. Mahanamahewa said the Head of State must table the Emergency Declaration in Parliament within 10-days after it was declared on the 6th of May.
He said the President has to wait out a period of one month before declaring an emergency according to Article 155 of the Constitution.
Prof. Mahanamahewa said however the Head of State retains the authority to summon Tri-Forces and the Commissioner-General of Essential Services according to Article 16 of the Public Security Ordinance.
Also speaking to NewsRadio, Senior Attorney Ajith Pathirana said it is clear that Parliament as the Legislature must extend the Emergency Declaration every 14 days.
Pathirana said since the declaration was not tabled in Parliament, it can no longer be in force.
He said however the Head of State as the Executive has the authority to impose a State of Emergency in the event of the absence of the Legislature.
