Petitioners in FR petition challenging proscription of SLISM

The Supreme Court has directed that notices be issued returnable for 16 September 2021 on Minister of External Affairs Dinesh Gunawardena, Secretary Defence General (retd.) Kamal Gunaratne and Inspector General of Police C.D. Wickramaratne, respondents in an alleged fundamental rights violation case filed by three petitioners representing the Sri Lanka Islamic Students Movement (SLISM), an organisation proscribed in April 2021 under regulations made by President Gotabaya Rajapaksa.

 The SC bench comprised Justice Kumudini Wickremasinghe and Justice Shiran Gooneratne.

The petitioners have alleged that the regulations enabling the proscription of civil organisations made under the Prevention of Terrorism (Temporary Provisions) Act (PTA) are void abinitio and vioalted the PTA, the Constitution as well as international treaties to which Sri Lanka is a signatory.

The President has no ‘legislative power’ to proscribe civil organisations under the PTA or to enact legislation thereunder creating new criminal offences punishable with up to 10 and 20 years prison terms and that the provisions in the said regulations are in violation of Article 10 and other fundamental right provisions in the Constitution, the petitioners have alleged.

The petition has set out that the SLISM had been proscribed without any legitimate evidence or a fair and reasonable inquiry or any judicially valid determination and without being heard by anyone prior to proscription, in violation of the principles of natural justice.

The organisation and its members all of whom are below the age of 27 years including the petitioners, had been subject to degrading treatment or punishment, deprived of the right of respect for the inherent dignity of the human persons and degraded to appear in the public perception as extremists, violent extremists and as terrorists without disclosing any grounds or reasons for justifying the  proscription of the organisation SLISM, having a history of 41 years of yeoman service to the country and the youth in the field of education.

M. M. Zuhair PC appearing with M.C.M. Muneer, M.R.M. Salman, Faris Salih, Rizwan Uvais and Sumaiyyah Jiffry instructed by Shanesh Dissanayake appearing for the petitioners submitted that the petitioners were ready to support the application and that they were seeking interim relief as well.

Senior State Counsel Ganga Wakistarachchi appearing for the Attorney General informed Court that SSC Dr. Avanthi Perera is appearing for the AG and that the AG had not been able to obtain instructions from the other respondents and moved that the 2nd to 4th Respondents be noticed. The case was fixed for 16th September 2021.