SC grants leave to proceed in FR cases against PUCSL’s unlawful tariff hike in Feb. 2023

Former PUCSL Chairman Janaka Ratnayake 

The Supreme Court on Friday concluded hearing submissions on three fundamental rights applications filed by former Public Utilities Commission of Sri Lanka (PUCSL)Chairman Janaka Ratnayake and other citizens challenging the purported decision of the PUCSL to grant an electricity tariff hike in February 2023.

The petitioners alleged that the PUCSL meeting at which the tariff hike was granted was not lawfully convened according to the procedure laid down by the law, and that the said decision is not legally valid. Ratnayake claimed in his petition that the meeting was unlawfully summoned without his approval.

The petitioners also challenged the hike on the basis that the tariff hike is unreasonable as it disproportionately affects the lower income segments within the 0-30 and 31-60 consumption brackets. 

Having heard the submissions on behalf of the Petitioners and PUCSL and its members, the Supreme Court bench comprising Justices Padman Surasena, Janak de Silva and Mahinda Samayawardena decided to grant leave to proceed for the alleged violation of Article 12(1) of the Constitution.

Argument was fixed for 3 April 2025.

Suren Fernando with Khyati Wikramanayake appeared for the Petitioner Janaka Ratnayake in SC FR 86/2023, Saliya Pieris PC with Niranjan Arulpragasam appeared for the Petitioners in SC FR 89/2023, and M.A. Sumanthiran PC with Viran Corea PC appeared for the petitioners in SC FR 92/2023, Shanki Parathalingam PC with Nishkan Parathalingam appeared for the PUCSL and the other members.