News
Prez has no ‘legislative power’ to proscribe civil organisations under the PTA
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.
It has been reported that former Inspector General of Police (IGP) C.D. Wickramaratne has been found dead at his residence in Athurugiriya this morning (17)
it is suspected that he may have taken his own life.
A heated argument broke out between Jaffna District MP Archchuna Ramanathan and Fisheries Minister Ramalingam Chandrasekar during the Kilinochchi District Coordination Committee meeting held yesterday (16).
A video footage of the incident shows the MP and the Minister engaging in a heated verbal exchange, following which a physical confrontation appeared to develop when the Minister attempted to grab files reportedly in the possession of MP Ramanathan.
“If you lay a hand on me, I’ll lay a hand on you too… got it?” Ramanathan is heard telling the Minister during the exchange.
Police and officials present at the meeting intervened to prevent the situation from escalating further.
The circumstances that led to the confrontation were not immediately clear.
Archbishop of Colombo Malcolm Cardinal Ranjith has filed an intervening petition before the Court of Appeal in connection with a petition filed by former head of the State Intelligence Service, Major General (Retired) Suresh Sallay, challenging his arrest and detention under the Prevention of Terrorism Act over investigations into the Easter Sunday terror attacks.
The Cardinal has sought permission from the court to make submissions in relation to Sallay’s petition and requested that it be dismissed.
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