Legality of President’s Order declaring HSZ challenged in Supreme Court

• Section 2 of the Official Secrets Act only enables the Minister to declare any land, building, ship or aircraft as a prohibited place  
• Section 2 of the Official Secrets Act does not empower the Minister to declare large areas as High Security Zones

By Lakmal Sooriyagoda   

A youth organization attached to Janatha Vimukthi Peramuna (JVP) yesterday filed a Fundamental Rights petition in Supreme Court seeking an interim order suspending the operation of the order issued by President declaring High Security Zones in Colombo district.  

Mahesh Tharanga Indunil, the Education Secretary of the Socialist Youth Union filed this petition naming Attorney General, Defence Secretary, Inspector General of Police and seven other parties as respondents.   

The petitioner states that by the High Security Zone Order, the President as the Minister of Defence has declared the areas specified in Schedule thereof as ‘High Security Zones’ purportedly under Section 2 of the Official Secrets Act No. 32 of 1955. He states that Section 2 of the Official Secrets Act only enables the Minister to declare any land, building, ship or aircraft as a prohibited place. Thus, the said Section does not empower the Minister to declare large areas as High Security Zones.  The petitioner further stated that Section 2 of the Official Secrets Act does not empower the Minister to identify larger areas as High Security Zones and prohibit conducting of a public gathering or processions.  The petitioner further states that by the said High Security Zone Order No. 01 of 2022, the President has sought to create offences under the Order which are not found in the Principal Act.   

The petitioner is seeking a declaration that the High Security Zone Order is invalid and violating his fundamental rights guaranteed under Article 12(1), 14(1)(a) and 14(1)(b) of the constitution.  This petition had been filed through Attorney-at-law Shanika Silva.