Centre for Policy Alternatives on 28 May, 2019

Centre for Policy Alternatives v Attorney General (SC FR 199/2019)

Categories: ActivityPublic Interest LitigationPublic Interest Litigation submissions

The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, filed papers challenging some of the Regulations included in the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2019.

It must be noted that this is not a challenge of the Declaration of a State of Emergency, but rather some of the Regulations which are found in Gazette Extraordinary No. 2120/5 dated Monday April 22, 2019.

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.

It is submitted that some of the Regulations in effect violate the right guaranteed under Articles 4(c) [judicial power of the peope], Article 10 [freedom of thought], Article 11 [ freedom from torture] ,Article 12(1)  [equal protection of the law]) & Article 12 (2)  [non-discrimination], Article 13 [ freedom from arbitrary arrest, detention and punishment] and 14 (1) (g) [freedom to engage in a lawful occupation, profession]  &14 (1)  (h) [ freedom  of movement and choosing residence within Sri Lanka] of the Constitution.