June 10, Colombo: The Supreme Court today ordered to fix hearing of two fundamental rights petitions filed against the violation of human rights due to Emergency Regulations for July 05.
The two petitions were filed by Paikiasothy Saravanamuttu, the Executive Director of the Centre for Policy Alternatives, and Gamini Viyangoda of the 'Purawasi Balaya' movement.
The petitions challenge that some of the Regulations included in the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2019 in effect in the country violate fundamental rights of the people.
Attorney General (AG) on behalf of the President and Defense Secretary Shantha Kottegoda and the have been named as respondents to the petition.
President's Counsel Farzana Jamil will appear for the AG during the case. They petitioners will be represented by President's Counsel M.A Sumanthiran and Viran Corea.
The petitioners state that the President had declared the Emergency Regulations in light of the security situation in the country after the April 21 suicide attacks. Petitioners say that the Parliament unanimously have approved the Emergency Regulations.
The petitions further point out that certain clauses of the Emergency Regulations limit the powers of the judiciary and the Constitution.
”While CPA agrees that certain emergency measures are needed to combat security threats that the country is currently facing, the position it takes is that such Regulations must be reasonable, and proportionate to the means that they seek to achieve, especially when they have the effect of curtailing the Fundamental Rights of the citizens of the country," the CPA said.
A three-judge bench comprising Justices Prasanna Jayawardena, Murdu Fernando, and S. Thurairaja has been named to hear the petitions.