FR against opening of liquor shops violating quarantine laws

• Supreme Court grants leave to proceed 

By Lakmal Sooriyagoda 
The Supreme Court on May 5 granted leave to proceed with a fundamental rights petition filed challenging the authorities’ decision to reopen liquor shops, violating the quarantine laws that prevailed in September 2021.
Accordingly, a majority of a divided three-judge-Supreme Court bench decided to grant leave to proceed with the petition under Article 12(1) of the constitution.

The Supreme Court three-judge bench, comprising Justice Preethi Padman Susena, Justice Janak de Silva and Justice Mahinda Samayawardena, fixed the petition for argument on September 16.

The president, vice president and secretary of the United National Society of Self-Employed have filed this petition in the Supreme Court, seeking an interim order to direct the relevant authorities to take appropriate steps to prevent the opening of liquor shops. The petitioners stated that on or about September 17, 2021, the petitioners learned that several liquor outlets and wine stores across the country were in operation.

The petitioners argued that all must be equal before the law and that non-application of the law to certain selected individuals or enterprises violates Article 12(1).

The attorney general representing the respondents objected to leave being granted. 
The petitioners stated that according to the law that prevailed at that time, all the liquor shops in the country were not allowed to operate. They alleged the opening of liquor shops across the country is a violation of certain laws, mainly under the Quarantine and Prevention of Diseases Ordinance.

The petitioners further alleged that the authorities, including the Police and Excise Departments, who are responsible to uphold the law of the country, failed to take the necessary legal action.

The petitioners have named director general of Health Services, inspector general of Police, commissioner general of Excise Department, Health Service minister, attorney general and 42 others, who are members of the Presidential Special Task Force to Prevent Covid.

Counsel Eraj De Silva, with Daminda Wijeratne, Janagan Sundramoorthi, Shehan Chamika Silva and instructed by Dimuthu Kuruppu Arachchi, Tharushika Fernando and Aruni Senaratne, appeared for the petitioners.
Senior Deputy Solicitor General Mahen Gopallawa appeared with Senior State Counsel Fazly Razik for the respondents.