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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.
News
Health authorities on high alert over Nipah Virus threat
Sri Lanka has stepped up efforts to detect and respond to a potential outbreak of the deadly Nipah virus (NiV), with health authorities enhancing surveillance and laboratory readiness amid growing concerns in the region.
The Medical Research Institute (MRI), the country’s premier laboratory, has upgraded its testing capacity with the latest technology to identify the Nipah virus, enabling early detection of suspected cases, an MRI source said.
Nipah virus is a highly infectious zoonotic disease that can spread from animals
to humans and also through human-to-human contact. Fruit bats are the natural hosts of the virus.
First identified in Malaysia in 1988, the virus has since caused deadly outbreaks in countries including India and Bangladesh. Experts warn that Sri Lanka, with its close human-animal interactions and tropical climate, must remain vigilant against such emerging infectious diseases.
The case fatality rate of Nipah virus ranges from 40% to 75%, making it one of the most lethal viral infections affecting humans. There are currently no specific drugs or vaccines, with treatment relying mainly on intensive supportive care, health specialists say.
Symptoms of infection initially include fever, headaches, muscle pain, vomiting, and sore throat, followed by dizziness, drowsiness, altered consciousness, and neurological signs indicating acute encephalitis. Severe cases may progress to atypical pneumonia, acute respiratory distress, seizures, and coma within 24 to 48 hours.Authorities continue to urge heightened awareness and precautionary measures, emphasizing that early detection and rapid response are key to preventing outbreaks.
by Chaminda Silva ✍️
News
Free Media Movement demands govt. accountability on free speech issues
The Free Media Movement (FMM) has demanded government accountability on many freedom of expression issues referred to in a statement issued by the Human Rights Commission in a statement issued last week.
The statement under the hands of FMM Convener Lasantha De Silva and Secretary Dileesha Abeysundera says FMM has paid close attention to the statement issued by the Human Rights Commission (HRC) under reference number HRC/S/i/E/03/02/26. It has also informed that global stakeholders, including the International Federation of Journalists—of which it is a member—that are already closely monitoring this matter.
In its statement, HRC has elaborated at length on the issues that have arisen in Sri Lanka concerning freedom of expression and online safety. It specifically points out that the actions of the Sri Lanka Police have been a major contributing factor to these concerns. The Commission notes that recent conduct of the police has indirectly interfered even with the professional activities of journalists.
HRC has also drawn attention to the practice of summoning journalists and other activists before the police without providing clear reasons, in violation of circulars issued by the IGP. In certain instances, the police have stated that journalists were summoned due to alleged defamation arising from media activities.
However, freedom of expression guaranteed by the Constitution is restricted only within constitutionally prescribed limits. Accordingly, defamation that is no longer a criminal offence cannot be acted upon by the police. Such matters constitute civil offences that must be resolved before courts of law. The Commission further observes that attempts by politicians and others to lodge complaints with the Criminal Investigation Department regarding defamation are efforts to portray defamation as a criminal offence.
The HRC statement also addresses the Online Safety Act. While emphasizing the need to be mindful of online safety, the Commission points out that the current law does not address genuine needs. Therefore, as already demanded by many stakeholders, the government has the option to repeal this Act.
In addition, HRC has outlined a three-pronged approach that should be adopted to safeguard freedom of expression, as guaranteed by the Constitution and in line with Sri Lanka’s commitments under the Universal Declaration of Human Rights of the United Nations.
FMM said it is of the view that the Government of Sri Lanka must give serious consideration to this statement and to the recommendations emphasized therein. “This is a moment in which the accountability of the Sri Lankan government is being questioned. Accordingly, the Free Media Movement urges the government to take immediate steps to implement the recommendations set out in this statement,” it said.
News
Opposition alleges Govt deliberately delaying PC polls
ITAK Batticaloa District MP Shanakiyan Rasamanickam accused the government in Parliament on Friday of deliberately delaying Provincial Council elections, pointing to its failure to nominate members to a Parliamentary Select Committee.
The committee, tasked with considering matters related to Provincial Council polls, was announced on 6 January 2026. Opposition parties submitted their nominees promptly.
However, a month later, the government has yet to name its eight members, preventing the committee from being constituted and from commencing its work, Rasamanickam alleged.
Opposition representatives argue that this delay represents intentional inaction aimed at postponing elections. They urged the government to appoint its nominees without further delay to allow the committee to proceed.
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