• Highhanded actions of the police are unlawful and illegal

Samagi Jana Balawegaya (SJB) yesterday filed three Fundamental Rights petitions in Supreme Court seeking a declaration that attempts by police to prevent protests using quarantine regulations violate people’s fundamental rights.

These petitions had been filed by SJB General Secretary Ranjith Madduma Bandara, parliamentarians Harshana Rajakaruna and Mayantha Dissanayake.

The petitioners had named IGP Chandana Wickremaratne, Director General of Health Services Asela Gunawardena, Health Minister Pavithra Devi Wanniarachchi and Attorney General as respondents.
The Petitioner pleads that the press release refers to guidelines issued by the Director-General of Health Services which 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 about the conditions to be adhered to in public places.

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

The petitioners 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 state 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 state 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 having large public gatherings and protests.

BLURB
The press release refers to guidelines issued by the Director-General of Health Services which are illegal, unlawful, discriminatory and infringes the fundamental rights of the petitioners and the public