Protest near GR’s residence in Mirihana Protesters’ FR petitions dismissed by SC

• The petitioners alleged that they had been illegally arrested and tortured

By Lakmal Sooriyagoda   

Three Fundamental rights petitions filed by three protesters against alleged violation of their Fundamental Rights during a protest held near former President Gotabaya Rajapaksa’s residence in Mirihana on March 31, 2022 was yesterday dismissed by the Supreme Court.   

These petitions had been filed by three protesters alleging that they were tortured and illegally arrested during the Mirihana incident which took place on March 31, 2022. The Mirihana protest incident was the first initial protest of the Aragalaya Movement which sparked off many similar protests and eventually led to the removal of then President Gotabaya Rajapaksa as the President in July 2022.   

The Supreme Court two-judge bench comprising Justices Preethi Padman Surasena and Mahinda Samayawardana refused to grant leave to proceed with these petitions taking into account the preliminary objections raised by Senior State Counsel Shaminda Wickrema.   

The Petitioners alleged that they had been illegally arrested and tortured and that their fundamental rights had been violated by the respondent parties. They had named IGP, Commandant of STF, OIC of Mirihana, Director of Riot Police, Commander of the Sri Lanka Army, and Attorney General as respondents.  

Senior State Counsel Shaminda Wickrema raised several preliminary objections including misrepresentation, suppression of vital evidence, illegality committed by the petitioners, time bar to the application, the petitioners already being subjected to an existing judicial process and their failure to name necessary parties. He submitted to the Court that the Mirihana protest caused damages of more than 36 million to police vehicles and also caused grievous injuries to several policemen.  

Counsel Suren Fernando appeared for the petitioners. SSC Shaminda Wickrema assisted by SC Kanishka Rajakaruna, SC Thusara Warapitiya and Attorneys-at-Law Haajer Azhar, Dilani Wijewaradena appeared for the respondents.