By Lakmal Sooriyagoda  

Three Fundamental Rights petitions filed challenging the legality of the proclamation declaring a State of Emergency was yesterday fixed for support on Friday (12) by the Supreme Court. 

Three petitioners including former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan and co-conveners of the Liberal Youth Movement Namini Panditha and Rusiru Egodage had filed these petitions seeking an order staying the operation of the Emergency Regulation No.1 of 2022 published in Gazette Extraordinary dated 17 July 2022.

When the petitions came up before the Supreme Court two-judge-bench comprising Justices Yasantha Kodagoda and Arjuna Obeysekera, the lawyers who appeared on behalf of the petitioners reiterated the importance of hearing these petitions as much as possible due to the urgency and importance of the matters. In her petition, former HRCSL Commissioner Ambika Satkunanathan stated that the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 have the effect of restricting the fundamental rights of the People. The petitioner is of the view that the regulations are vague and overbroad amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.  
The petitioner alleged the regulations bestow; (a). Overbroad powers of search, arrest, detention and interrogation. (b). Restrictions and prior restraint on freedom of speech, assembly, association and movement. (c). Issuance of detention orders without judicial oversight. (d). Arbitrary piling on of punishments and imposition of offences and penalties. (e). Arbitrary or excessive restrictions on bail. (d). Arbitrary restrictions on access to detainees.  

The Petitioner therefore states that the Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the Emergency Regulations are vague and constitutional overbroad, or amount to prior restraints, and are violative of, inter alia, Articles 10, 11, 12(1), 12(2), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1),(g) & 14(1)(h) of the Constitution.   

The petitioner is further seeking an order restraining the President or his successor in office, from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency.  

The Attorney General, Gamini Senarath, (Former) Secretary to the President, Saman Ekanayake, Secretary to the President, General (Retd) Kamal Gunaratne, Secretary, Ministry of Defence were named as the respondents in the petition.