FR cases against electricity tariff hike re-fixed for support on 9 May

The Supreme Court comprising Justices S. Thurairaja, A.H.M.D. Nawaz and Achala Wengappuli on Friday re-fixed the support of three Fundamental Rights applications against the 15 February electricity tariff hike to 9 May.

The FR applications include one by Public Utilities Commission Chairman Janaka Ratnayake in his personal capacity. The PUCSL and 10 others have been cited as respondents.

All the applications challenge the disproportionate and discriminatory increase in tariffs at the lower slabs, while there is no increase in electricity charge at the highest consumption levels.

The first application, filed by the PUCSL Chairman, additionally alleges that the decision by three PUCSL Members to approve the tariff revision sought by the CEB had been reached without following the procedures provided in the PUCSL Act.

The Court granted the Respondents permission to file limited objections by 20 April, and Petitioners to file Counter Objections by 28 April. 

Supreme Court Fundamental Rights Application No.SC/FR/86/2023- Janaka Ratnayake-Vs- Public Utilities Commission of Sri Lanka, and Chathurika Wijesinghe, Douglas Nanayakkara, S.G. Senaratne being the other members of the Commission, Ceylon Electricity Board and 5 others. Suren Fernando AAL with Khyati Wikramanayake instructed by Moahan Balendra AAL appeared for the Petitioner. 

Supreme Court Fundamental Rights Application No.SC/FR/89/2023- Electricity and Renewable Energy Consumers Association, Ven. Ananda Sagara Thero and 04 others Vs- Public Utilities Commission of Sri Lanka, Chairman, Public Utilities Commission of Sri Lanka and its members and 03 others.

Saliya Peiris PC, Suren Gnanaraj AAL and Niranjan Arulpragasam AAL instructed by Manjula Balasooriya AAL appeared for the Petitioners.

Supreme Court Fundamental Rights Application No.SC/FR/92/2023- Asoka Abeygunawardane- Vs- Public Utilities Commission of Sri Lanka, Chairman, Public Utilities Commission of Sri Lanka and its members and 06 others. M.A. Sumanthiran PC and Viran Corea AAL instructed by Darshika Ariyanayagam appeared for the Petitioner.

Romesh de Silva PC appeared for the CEB in all the cases, Sanjeeewa Jayawardena PC appeared for the three Members whose decision had been challenged, and Viveka Siriwardena PC ASG appeared for the Attorney General.