Protest near GR’s Mirihana residence: SC dismisses protestors’ FR petitions

Three Fundamental Rights petitions filed by three protesters against the alleged violation of their Fundamental Rights during a protest held near former President Gotabhaya Rajapaksa’s residence in Mirihana on March 31, 2022, was dismissed today by the Supreme Court. 

These petitions had been filed by three protestors alleging that they were tortured and illegally arrested during the Mirihana incident on 31 March 2022. 

The Mirihana incident was the initial protest of the Aragalaya movement which sparked off many similar protests and eventually led to the removal of then-President Gotabaya Rajapaksa as President, in July 2022.
 
The Supreme Court two-judge bench comprising Justices Preethi Padman Surasena and Mahinda Samayawardana refused to grant leave to proceed with these petitions taking into account the preliminary objections raised by Senior State Counsel Shaminda Wickrema. 
 
The petitioners alleged that they had been illegally arrested and tortured and that their fundamental rights had been violated by the respondent parties. They had named the IGP, Commandant of the STF, the OIC of Mirihana, Director of Riot Police, Commander of the Sri Lanka Army, and the Attorney General as respondents. 

Senior State Counsel Shaminda Wickrema raised several preliminary objections including misrepresentation, suppression of vital evidence, illegality committed by the petitioners, time bar to the application, the petitioners already being subjected to an existing judicial process and their failure to name necessary parties. He submitted to Court that the Mirihana protest caused damages of more than Rs. 36 million to police vehicles and also caused grievous injuries to several policemen. 
 
Counsel Suren Fernando appeared for the petitioners. SSC Shaminda Wickrema assisted by SC Kanishka Rajakaruna, SC Thusara Warapitiya and Attorneys-at-Law Haajer Azhar and Dilani Wijewaradena appeared for the respondents. (Lakmal Sooriyagoda)