SC rules 2022 Emergency Declaration by Ranil Wickremesinghe violated Fundamental Rights

The Supreme Court directed the Attorney General to incorporate the legal principles outlined in the judgment into a detailed legal advisory and submit it to the Office of the President within three months for necessary consideration

By Lakmal Sooriyagoda 

The Supreme Court, in its majority decision yesterday ruled that the proclamation issued by former President Ranil Wickremesinghe declaring a State of Emergency under section 2 of the Public Security Ordinance in 2022, while he was functioning as Acting President, violated fundamental rights of the People of Sri Lanka guaranteed under Article 12(1) of the Constitution.   

Five petitioners including former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan filed these petitions challenging the operation of the Emergency Regulation No.1 of 2022 published in Gazette Extraordinary dated 17 July 2022.   

Accordingly, the Supreme Court declared by a majority decision that the decision of the then Acting President Ranil Wickremesinghe to proclaim a state of emergency on 17th July 2022 and thereafter promulgate emergency regulations on 18th July 2022 are a nullity. Majority decision was delivered by Justice Yasantha Kodagoda with the Chief Justice Murdu Fernando agreeing. Meanwhile, Arjuna Obeyesekere delivered a dissenting judgement dismissing all five petitions citing that Proclamation was legal and valid. Justice Kodagoda observed that the Emergency Regulations declared in 2022 were drafted in a stereotypical and repetitive manner, often disregarding their intended purpose. The Court noted that many of these regulations were overbroad, vague, and arbitrary, and would likely not withstand judicial review. It further held that they exceeded the permissible limits of restricting fundamental rights under Article 15 of the Constitution and were incompatible with the Rule of Law.   

The Supreme Court directed the Attorney General to incorporate the legal principles outlined in the judgement into a detailed legal advisory and submit it to the Office of the President within three months for necessary consideration. Five fundamental rights petitions had been filed by former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan and co-conveners of the Liberal Youth Movement Namini Panditha, Rusiru Egodage Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu.   

In her petition, former HRCSL Commissioner Ambika Satkunanathan stated that the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 have the effect of restricting the fundamental rights of the People. The petitioner is of the view that the regulations are vague and overbroad amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.