SC grants leave to proceed with FR petition filed by CPA against Emergency regulations

By AJA Abeynayake

The Supreme Court, on Friday, granted leave to proceed with an FR application filed by the  Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 gazetted by Extraordinary Gazette No 2289/07 dated 18 July. He says Articles 12 and 14 (1) of the Constitution have been violated.

The case was fixed for argument on 28 Oct.

The Court directed the Attorney General to advise if any regulations should be amended and file a report, prior to argument.

The petitioners have argued that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it has been submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2022 are overboard and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The petitioners have informed the Court that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2022 do not address the economic and political crisis faced by the country and have been designed and/or promulgated with the collateral purpose of stifling dissent and the freedom of assembly and not to address any legitimate public security concern.