Kandy lawyer files FR against President, Cabinet over Ditwah disaster management

Colombo, Dec. 30 (Daily Mirror) - A lawyer practicing and residing in Kandy has filed a Fundamental Rights petition before the Supreme Court, alleging failures by the President, the Cabinet of Ministers and several state authorities to take timely and coordinated action to mitigate the impact of Cyclonic Storm ‘Ditwah’ despite having prior notice of the impending disaster.

Attorney-at-Law Keerthi Bandara Kiridena has filed this petition against the President, the Cabinet of Ministers, the National Council for Disaster Management and other relevant authorities, citing their actions and omissions in relation to disaster risk mitigation. The Attorney General has been named as the first respondent in terms of Article 35 of the Constitution, in respect of the alleged infringement of the petitioner’s Fundamental Rights by the President while acting in his official capacity.

In his petition, the petitioner states that President Anura Kumara Dissanayake is functioning as the Chairman of the National Council for Disaster Management, which has also been cited as a respondent. The Cabinet of Ministers, including Prime Minister Harini Amarasuriya, were also named as respondents in the petition.

The petitioner stated that his professional chambers at the Kandy Lawyers’ Complex, is situated in close proximity to the Kandy Court Complex, and that his office was totally damaged as a result of flooding caused by the cyclone. He further states that he has lost the entire database of his computer system, which he describes as invaluable to the discharge of his professional duties.

According to the petition, the actions, inactions and omissions of the respondents demonstrate an ignorant and lackadaisical approach, amounting to a transgression of their statutory and Constitutional duties and functions in the context of disaster preparedness and management.

The petitioner contends that the respondents failed to take proactive mitigation measures, including the pre-release of water from major reservoirs such as Kotmale, despite advance warnings of the cyclone. He asserts that such measures could have significantly reduced the downstream impact, including flooding in areas such as Gampola, and would have avoided extensive loss of life and damage to property.

It is further alleged that the overflow of the Mahaweli River was caused by the spill gates of the Victoria Reservoir being kept closed continuously, without the systematic release of water as required under prevailing disaster management protocols.

The petitioner states that the subsequent release and flow of water affected areas including Galaha, Peradeniya and Kandy, resulting in severe damage to public and private property, notably the Kandy Court Complex and the University of Peradeniya. He describes the situation as unprecedented in scale and impact.

Through the petition, the petitioner seeks a declaration from the Supreme Court that his Fundamental Rights guaranteed under the Constitution have been infringed by the respondents due to their failure to act with due diligence and foresight in responding to the impending natural disaster.