SC dismisses FR petition filed over arrest during walk to protest Galle Face attacks

• Petitioner claims that although her protest was entirely peaceful, she was stopped by police officers detained for approximately 15 hours, and later produced before the Magistrate’s Court

By Lakmal Sooriyagoda 

A Fundamental Rights application filed by a woman challenging her arrest and the alleged violation of her freedom of expression by the police, while she was attempting to walk from Dematagoda to Colombo Fort carrying a placard in protest against the attacks on Galle Face protesters on April 9, 2022, has been dismissed by the Supreme Court.

The judgement was delivered by a Supreme Court three-judge-bench comprising Justices Mahinda Samayawardhena, Menaka Wijesundera and Sampath Wijeratne. Delivering the judgement with the concurrence of the other two Justices, Justice Menaka Wijesundera observed that the police had acted in accordance with the law and therefore dismissed the petition.

The Court observed that the respondents were in possession of a duly issued restraining order against protesters and had also received complaints from the public regarding incidents of disorder, including traffic congestion. In those circumstances, the Court ruled that the police were entitled to act to maintain public order.

The Supreme Court further held that the respondents had acted in compliance with the provisions of the Code of Criminal Procedure and had lawfully effected the arrest of the petitioner.

The petitioner, Nona Moreen Noor, stated that she was unemployed and directly affected by the country’s financial crisis. She claimed that on or about April 9, 2022, she and several others had organized themselves to occupy the Galle Face Green as a form of protest against the prevailing economic crisis.

She further alleged that on May 9, 2022, individuals purportedly acting on the instructions of the then ruling party entered Galle Face Green and assaulted protesters, including herself.

According to the petition, on May 9, 2023, she decided to mark the anniversary of the incident by staging a peaceful solo protest. She attempted to walk from Dematagoda to Fort while carrying a placard to express her dissent.

The petitioner claimed that although her protest was entirely peaceful, she was stopped by police officers near the Dematagoda Police Station, detained for approximately 15 hours, and later produced before the Magistrate’s Court on a B report.

However, the Supreme Court concluded that the arrest and subsequent actions of the police were carried out lawfully and did not amount to a violation of the petitioner’s fundamental rights.

Counsel Nuwan Bopage instructed by Hansaka Chandrasinghe appeared for the petitioner. Deputy solicitor General Anoopa De Silva appeared for the respondents.