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Ex-HRCSL Commissioner moves Court against Emergency
Former member of the Human Rights Commissioner of Sri Lanka, Ambika Satkunanathan, has petitioned the Supreme Court against the declaration of Emergency, citing as respondents the Attorney-General, Secretary to the ex-President Gamini Senarath, Secretary to the incumbent President Saman Ekanayake, Defence Secretary General (retd.) G.D.H. Kamal Gunaratne.
Petitioner Satkunanathan has stated in her Fundamental Rights Violation application that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 [hereinafter ERs] have the effect of restricting the fundamental rights of the people, and are constitutionally overbroad. The regulations are vague and overbroad, and amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.
The petitioner alleges they bestow and enable:
· Overbroad powers of search, arrest & detention and interrogation;
· Restrictions and prior restraint on freedom of speech, assembly, association and movement;
· Issuance of detention orders without judicial oversight;
· Arbitrary piling on of punishments and imposition of offences & penalties;
· Arbitrary / excessive restrictions on bail;
· Arbitrary restrictions on access to detainees.
The Petitioner therefore states that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the ERs are vague and/or constitutional overbroad, and/or amount to prior restraints, and are violative of, inter alia, Articles 10, 11, 12(1), 12(2), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1),(g) & 14(1)(h) of the Constitution, and are not necessary or proportionate responses required in a democratic society, and the measures do not deal with the exigencies of the current situation. The Petitioner states that these ERs additionally impinge on judicial discretion and oversight and are violative of inter alia, Articles 4(c) & 111C of the Constitution.
Petitioner requests the Court to:
· Declare that the Petitioner’s Fundamental Rights guaranteed to her under Article 12(1) of the Constitution have been infringed by any one or more of the Respondents;
· Declare that the actions of the Respondents amount to a violation and/or continuous violation and/or imminent violation of the fundamental rights enshrined in Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution;
· Grant appropriate interim relief(s) until the final determination of this application;
· Restrain the Respondents and/or officers serving under them and/or their agents from acting upon the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
AND/OR in the alternative to the above
· Staying the operation of the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
OR in the alternative to (ii) above
· Staying the operation of Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
· Restraining the President of the Republic and/or his successor in office, from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency;OR in the alternative to (iv) above
· Restraining the President of the Republic from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency except and subject to such conditions as shall be imposed by the Court as necessary in a democratic society to meet the exigencies of the current circumstances;
· Staying the operation of the Proclamation declaring a State of Emergency.
· Declare that the Proclamation declaring a State of Emergency published in Gazette Extraordinary 2288/30 dated 17 July 2022 is null and void and of no force or effect in law.
· Declare that the President, represented by the AG has violated the rights of the Petitioner under Article 12(1) in issuing a Proclamation declaring a State of Emergency.
· Declare that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or avail in law.
OR in the alternative to the above
· Declare that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or effect in law.
· Declare that the President, represented in these proceedings by the 1A Respondent AG has violated Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution, in issuing the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
Latest News
Advisory for Severe Lightning for the Western and Sabaragamuwa provinces and Galle and Matara districts
Advisory for Severe Lightning
Issued by the Natural Hazards Early Warning Centre at 12.00 noon 07 February 2026 valid for the period until 11.00 p.m. 07 February 2026
Thundershowers accompanied with severe lightning are likely to occur at some places in the Western and Sabaragamuwa province and in Galle and Matara districts.
There may be temporary localized strong winds during thundershowers.
The general public is kindly requested to take adequate precautions to minimize damages caused by lightning activity.
ACTION REQUIRED:
The Department of Meteorology advises that people should:
Seek shelter, preferably indoors and never under trees.
Avoid open areas such as paddy fields, tea plantations and open water bodies during thunderstorms.
Avoid using wired telephones and connected electric appliances during thunderstorms.
Avoid using open vehicles, such as bicycles, tractors and boats etc.
Beware of fallen trees and power lines.
For emergency assistance contact the local disaster management authorities.
News
INS GHARIAL departs island
The Indian Naval Ship (INS) GHARIAL which made a port call in Colombo, departed the island on 06 Feb 26.
The Sri Lanka Navy bade a customary farewell to the departing ship at the Port of Colombo, following naval traditions.
During the ship’s port call, the crew took a sightseeing tour of key attractions in Colombo.
The visit also featured the handover of ten temporary Bailey Bridges, which were brought by INS GHARIAL, in coordination with the High Commission of India in Sri Lanka.
News
Stop the collection of funds from parents at school level for Smart Boards — PM
Prime Minister Dr. Harini Amarasuriya stated that the Ministry of Education has already commenced the distribution of Smart Boards required for the new education reforms, and that the collection of funds from parents at school level for this purpose must be stopped immediately. She further emphasized that no decision has been taken to curtail free education or to close the Jayewardenepura Faculty of Dental Sciences.
The Prime Minister made these remarks in response to a question raised in Parliament on Thursday [05th February] by the Leader of the Opposition, Sajith Premadasa.
Elaborating further, the Prime Minister stated,
“Although the Leader of the Opposition has not traditionally upheld free education as a policy, I appreciate your stance on the matter at this juncture. However, I urge that questions should not be raised based on social media content or unverified rumours in Parliament. No decision has been taken to curtail free education or to close the Jayawardenepura Faculty of Dental Sciences. The Medical Faculty of the Wickramarachchi University of Indigenous Medicine had commenced operations without regulatory approval and had introduced course work, resulting in students being placed in a vulnerable situation. Necessary action is currently being taken based on the recommendations of a report submitted by an expert committee appointed to examine the issue. This this is not a political decision, but one guided by expert opinion”.
“Arrangements are underway to distribute the required Smart Boards to schools during this year, and there is no need to collect funds from parents for this purpose. If any such collections are taking place, they must be stopped immediately. The Secretary to the Ministry of Education has already issued a directive instructing schools not to collect funds from parents”.
“The subject Information Technology will not be taught as a separate subject for Grades 1 to 5. However, recognizing the need to prepare students for a globally advancing technological world, discussions have been initiated based on expert advice on how to provide age-appropriate technological awareness to students. Decisions will be made after carefully considering child protection concerns and expert recommendations. The curriculum-related decisions will not be made politically, but by subject experts.
Based on the requests made by the universities and higher education institutions recruitment for essential academic vacancies is currently being carried out under the Cabinet approval. Although thirty years have passed since the establishment of the teacher service, further measures are required to enhance its quality. Existing issues relating to teacher promotions, considering the practical difficulties in evaluation processes and non-compliance with service minute provisions are being addressed alongside other challenges. The government is presently focused on formulating a systematic plan to ensure quality education.”
Responding to a question raised by the Member of Parliament Kader Mastan, the Prime Minister stated,
“Several programmes have been introduced based on government policy decisions to fulfill the basic needs of schoolchildren. These include the provision of school textbooks, uniforms, and the “Suraksha” health insurance scheme. Additionally, voucher schemes have been introduced to support the purchase of sanitary products for girls in Grades 6 to 13. Midday meals are also being provided for primary school students, and financial assistance is extended to students who pass the Grade 5 Scholarship Examination but do not receive bursaries. The Ministry of Education is in the process of gathering further information with the intention of expanding these programmes”.
The Prime Minister also announced that the 2025 G.C.E. Ordinary Level Examination is scheduled to be held from February 17 to 26. Although this period coincides with the observance of Ramadan, relevant authorities have confirmed that it will not pose an obstacle to the conduct of the examination. Furthermore, it has been decided to hold the Grade 5 Scholarship Examination and the G.C.E. Advanced Level Examination before August each year, and the G.C.E. Ordinary Level Examination in December. From 2026 onwards, efforts will be made to conduct examinations in accordance with this revised annual examination calendar.
[Prime Minister’s Media Division]
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