SC grants leave to proceed in CPA case against Emergency

The Supreme Court yesterday granted leave to proceed on alleged violation of Articles 12 and 14 (1) in a petition filed by the  Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 gazetted by Extraordinary Gazette No 2289/07 dated 18 July.

The case was fixed for argument on 28 October. 

The court directed the Attorney General to advise if any regulations should be amended and file a report prior to argument.

The Petitioners argued that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2022 are overboard and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The Petitioners further stated that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2022 do not address the economic and political crisis faced by the country and have been designed and/or promulgated with the collateral purpose of stifling dissent and the freedom of assembly and not to address any legitimate public security concern.