Supreme Court fixes October 30 to hear FR petition over Ditwah response failure

Colombo, July 15 (Daily Mirror) - A Fundamental Rights petition filed by a lawyer practicing and residing in Kandy, 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, was today fixed for support on October 30 by the Supreme Court.

When the petition was taken up before a Supreme Court bench comprising Chief Justice Preethi Padman Surasena, Justice Janak De Silva and Justice Achala Wengappuli, President’s Counsel Upul Jayasuriya, appearing for the petitioner, informed court that the petitioner intends to submit a BBC documentary and a slideshow containing weather forecasts for Sri Lanka from November 13, 2025.

He further submitted that, in the prayer to the petition, the petitioner has sought an order directing the respondents to disclose certain information, to which Solicitor General Viraj Dayaratne responded that they had nothing to hide.

The Attorney General was directed to file limited objections to the petition within two months, while the petitioner may file limited counter-objections, if necessary.

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 acting in his official capacity.

The petitioner stated that the Department of Meteorology had issued warnings about a developing cyclone as early as November 12, 2025. He further stated 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. The petitioner 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.

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, situated in close proximity to the Kandy Court Complex, was totally damaged as a result of flooding caused by the cyclone. He further states that he 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.

Upul Jayasuriya, PC with Counsel Nisal Fernando, Kalpanee Dissanayake and Heshani Fonseka appeared for the petitioner.