Law protects the vigilant, not the negligent: Supreme Court

• The Supreme Court further observed that there was no  material before it to indicate that any inquiry was pending before the HRCSL

By Lakmal Sooriyagoda   

The Supreme Court, in its judgement regarding the time  period prescribed in the Constitution for those invoking jurisdiction  for violations of Fundamental Rights by executive or administrative  action, held that the law supports individuals who are proactive in  protecting their rights and interests, and will not assist those who are  negligent or fail to act within reasonable timeframes.

Applying the legal maxim “vigilantibus non dormientibus  jura subveniunt” which means “the law assists those who are vigilant,  not those who sleep on their rights” to this Fundamental Rights  petition, the Supreme Court decided to dismiss the application, citing  the petitioner’s failure to satisfy the threshold requirement under  Article 126(2) of the Constitution, which mandates that an application  must be instituted within one month of the alleged infringement of a  Fundamental Right.  

Justice Shiran Gooneratne delivered the ruling, with Justice A.H.M.D. Nawaz and Justice Achala Wengappuli agreeing.  

“The Petitioner, having been aware of the alleged  infringement, chose not to invoke the jurisdiction of this Court within  the prescribed time. No material has been placed before this Court to  suggest that the Petitioner was prevented from doing so due to  circumstances beyond his control, and the delay is unexplained,” Justice  Gooneratne observed.  

The petitioner, Kulasuriya, a former officer of the Sri  Lanka Air Force, invoked the jurisdiction of the Supreme Court under  Article 126 of the Constitution, alleging violations of his Fundamental  Rights arising from acts of physical assault, unlawful detention,  procedural injustice, and harassment by superior officers.  

He claimed that the alleged infringement of his Fundamental  Rights by a Wing Commander attached to the Procurement Division of the  Sri Lanka Air Force occurred on or about September 10, 2015. However,  the Fundamental Rights application was filed before the Supreme Court  only on October 30, 2015, which was beyond the one-month period  prescribed under Article 126(2) of the Constitution.  

The Supreme Court further observed that there was no  material before it to indicate that any inquiry was pending before the  Human Rights Commission of Sri Lanka (HRCSL).  

Counsel Nuwan Bopage for the petitioner. Saliya Pieris, PC  with Varuna de Seram instructed by Manjula Balasuriya appeared for the  third respondent. State Counsel Sajith Bandara appeared for the Attorney  General.