• Minister of Health acted sans authority by issuing the said regulation violating peoples’ Fundamental Rights
• The SLPP Convention on 02nd of November 2021 held with the participation of its members without any obstruction

By Lakmal Sooriyagoda

The Samagi Jana Balawegaya (SJB) has filed a Fundamental Rights petition before Supreme Court challenging the authorities’ decision to prevent people entering Colombo city limits to take part at a protest organised by SJB on November 16.

SJB General Secretary Ranjith Madduma Bandara filed this petition naming Health Minister Keheliya Rambukwella, Minster of Public Security Sarath Weerasekara, police chief C. D. Wickramaratne, Director General of Health Services Asela Gunawardane and the Attorney General as respondents.   

The petitioner states that the main opposition political party, SJB decided to organise a lawful protest at Hyde Park in Colombo on 16th of November 2021 against the corrupt, arbitral, ad-hoc and illegal decisions and actions of the Government. He states that a large number of party supporters from all over the country were enthusiastic to take part in the said protest to express their grievances and displeasure towards the government.   

The Petitioner states that in the meantime, barely one week before the date of the said protest to be held, the  Minister of Health, with the sole intention of circumventing the SJB protest, issued a Regulation in respect of gatherings by extra ordinary gazette bearing No. 2253/10 on 09/11/2021 under section 2 and 3 of the Quarantine and Prevention of Diseases Ordinance No.3 of 1897. The petitioner said the Minister of Health has acted without any authority in issuing the said regulation by violating peoples’ Fundamental Rights guaranteed under Article 12(1), 12(2), 14(1)(a), 14(1)(b), 14(1)(c) and 14(1)(h) of the constitution.   

The Petitioner state that having failed to secure the court orders to restrain the party members from holding the said protest, the Director General of Health Services maliciously issued directions dated 15/11/2021, banning outdoor public gatherings until 30/11/2021.   

Madduma Bandara alleged that a mass gathering of the Sri Lanka Podu Jana Peramuna Convention on 02nd of November 2021had been held with the participation of its members without any obstruction. He further complains that the religious ceremony of unveiling the “Sanda Hiru Seya” in Anuradhapura under the patronage of the President and the Prime-Minister held on 18th November 2021 had been held allowing the general public to attend.