Supreme Court grants leave to proceed in BASL FR case on economic crisis

Supreme Court has granted leave to proceed in Fundamental Rights Applications 106/22 and 107/22 filed by the Bar Association of Sri Lanka on the national economy.

SC issued notice on all the Respondents, returnable on 8 April.

The applications were filed by BASL President Saliya Pieris PC, Deputy President Anura Meddegoda PC, Secretary Rajeev Amarasuriya, Treasurer Rajindh Perera and Assistant Secretary Pasindu Silva.

The petitioners have claimed that their fundamental rights under Articles 11, 12 (1), 13 (4), 14 (1)(g), 14 (1)(h), and 14A of the Constitution are being violated or are in imminent danger of infringement by the actions and/or inaction of the State including the Respondents.

The petitions have made the Attorney General (AG), the Cabinet of Ministers, the Central Bank Governor, the Treasury Secretary, Secretaries to several Ministries, the Ceylon Electricity Board (CEB), the Ceylon Petroleum Corporation (CPC) and the State Pharmaceutical Corporation (SPC) as respondents.

The petitioners have made the application as people of Sri Lanka in whom sovereignty is reposed and as people of Sri Lanka in whom is also imposed several Fundamental Duties, under Article 28 of the Constitution for and on behalf of the BASL, which is the apex professional body in Sri Lanka for Attorneys-at-Law and is committed to upholding the Rule of Law, Fundamental Rights, the Independence of the Judiciary and justice in Sri Lanka, in the public interest.

The petitions state that the country is at present witnessing long queues for the purchase of essential supplies, mass protests, and public unrest due to acute shortages and the sharp increase in the cost of goods and services including food, fuel and travel costs.

The petitioners complain that Sri Lanka is currently facing an unprecedented economic and financial crisis resulting in acute shortages of fuel, electricity, gas, food, milk powder and medicines. 

They also lament that they are compelled to come into court due to the severe shortages in essential goods and services that are considered vital for the survival and existence of the citizens of the Republic who is guaranteed the fundamental right to equality, equal protection of the law and the right to life under the Constitution.

The petitioners also state that in view of the growing unrest and public protests witnessed across the island, they verily fear that there is a substantial, real, and grave threat of a breakdown in the law-and-order situation of the country and a substantial threat to the Rule of Law, which should be addressed through timely and proportionate measures within the legal framework of the country.

The Petitioners are represented by Dr. K. Kanag Isvaran PC, Uditha Egalahewa PC, Suren Gnanaraj, and Pulasthi Hewamanne instructed by G.G. Arulpragasam.