Samagi Jana Balawegaya (SJB) today filed three Fundamental Rights petitions in Supreme Court seeking a declaration that attempts by police to prevent protests using quarantine regulations violate people's fundamental rights. These petitions had been filed by SJB General Secretary Ranjith Maddumabandara, parliamentarians Harshana Rajakaruna and Mayantha Disanayake.
Update:
SJB files three FR petitions against ban on protests
The Samagi Jana Balawegaya (SJB) yesterday filed three Fundamental Rights petitions in the Supreme Court seeking a declaration that attempts by Police to prevent protests using quarantine regulations violate the people’s fundamental rights.
These petitions had been filed by SJB General Secretary Ranjith Maddumabandara and Parliamentarians Harshana Rajakaruna and Mayantha Dissanayake. The petitioners had named IGP Chandana Wickremaratne,
Director General of Health Services Dr. Asela Gunawardena, Health Minister Pavithra Devi Wanniarachchi and the Attorney General as respondents.
The Petitioners state that the law relating to preventive measures of pandemic diseases is contained in the Quarantine and Prevention of Diseases Ordinance No.3 of 1897 (as amended).
The Petitioner states that on or around 2020 the Coronavirus Disease 2019 was declared as a pandemic by the World Health Organization, and on or around March 2020 COVID-19 was identified in Sri Lanka.
The Petitioners state that by Gazette (Extraordinary) bearing No. 2167/18 dated 20.03.2020 issued by the Health Minister under the Quarantine and Prevention of Diseases Ordinance No.3 of 1897 (as amended), COVID-19 was declared as a quarantinable disease.
The petitioners state that they have been made aware of a letter dated 6.7.2021 bearing number PMD/PR/845/21 titled “Conducting various protests creating a health hazard” issued by the Police Media Division to all media entities, with reference to a letter bearing No. DDG(PHS)1/DO2/7/13/2017/20 of the Director General of Health Services informing the following;
a. There is a high possibility of the risk of spread of the Covid-19 virus by large public gatherings such as protests;
b. Therefore the public ought to refrain from having large public gatherings and protests until further notice;
c. That the Sri Lanka Police will take action in view of purported “quarantine order”.
The Petitioners further said the only regulation issued and gazetted by the Minister of Health with regards to “public places” are that persons should wear a face mask at all times and maintain social distance of not less than one meter.
The Petitioner pleads that the press release refers to guidelines issued by the Director General of Health Services which are illegal, unlawful, discriminatory and infringes the fundamental rights of the petitioners and the public. The petitioners argued that the Director General of Health Services does not have the right to issue such guidelines pertaining to the conditions to be adhered to in public places.
The Petitioners further stated the highhanded actions of the police are unlawful and illegal and violate the Fundamental Rights of the citizenry.The petitioners are seeking a declaration that the Petitioners’ Fundamental Rights under Articles 12 (1), 13, 14(1)(a), 14(1)(b) and 14(1)(c) guaranteed under the Constitution have been infringed by the respondents.
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