Cabinet, other state bodies challenged before court over Ditwah damage mitigation failure

• Supreme Court fixes July 15 to support FR petition over Ditwah response failure 

By Lakmal Sooriyagoda 

A Fundamental Rights petition filed by a lawyer practising 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 yesterday fixed for support on July 15 by the Supreme Court. When the petition was taken up before a Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli, State Counsel appearing on behalf of the Attorney General informed the Court that several respondent parties, including the Cabinet Ministers named as respondents in the petition, had not yet received notices. 

Accordingly, the Supreme Court directed the petitioner to serve notices on the respondent parties, including several members of the Cabinet of Ministers, the National Council for Disaster Management, and the Mahaweli Development Authority. 

President’s Counsel Upul Jayasuriya, appearing for the petitioner, informed Court that the Department of Meteorology had issued a warning 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. 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. 

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. 

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, and that his office 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.