FR Petition against the illegal act of the Army in Galle - Lanka-e-News

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Petition IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of the Article 126 read with Article 17 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Fundamental Rights Application No. : 229/2022 1. Amara Diwakara Liyanarachchi No. 33/3A, Wakunagoda Road, Galle. 2. Galbokka Hewage Ajith Kumara No. 84, Nagarukkarama Mawatha, Kalegana, Galle. Petitioners Vs. 1. Lieutenant Colonel Asela Wijeratne Commanding Officer, Gamunu Regiment Camp, Galle-Fort. 2. Lieutenant General H.L.V.M. Liyanage Commander of the Army, Army Headquarters, Sri Jayawardenapura, 3. Officer-in-Charge, Police Station – Galle, Galle. 1 Petition 4. Senior Superintendent of Police – Galle Division, SSP Office, Galle. 5. K.N.J. Vedasinghe Deputy Inspector General of Police – Galle District, DIG Office, Galle. 6. C.D. Wickremaratne Inspector General of Police, Police Headquaters, Colombo 01. 7. General (Retd.) G.D.H. Kamal Guneratne Secretary, Ministry of Defense, Defense Headquarters Complex, Sri Jayawardenapura, Kotte. 8. Hon. Tiran Alles Minister of Public Security, 9. S. Hettiarachchi Secretary, Ministry of Public Security, Both of; Ministry of Public Security, 14th Floor, „Suhurupaya‟, Battaramulla. 10. Hon. Attorney General, Attorney General‟s Department. Colombo 12. Respondents 2 Petition On this 1st day of July 2022. TO: HIS LORDSHIP THE HONOURABLE CHIEF JUSTICE AND THE OTHER HONOURABLE JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. The Petition of the Petitioners above named appearing by her Attorney-at-Law Manjula Balasooriya state as follows. Introduction 1. The Petitioners state that violation of their Fundamental Rights by the unlawful, illegal and arbitrary disruption and dispersal of a peaceful protest, as morefully described hereinafter, is presently being impugned. Petitioners 2. The Petitioners state that they are citizens of Sri Lanka and Attorneys-at- Law of the Democratic Socialist Republic of Sri Lanka. 3. The Petitioners state that the 1st Petitioner is a former Secretary and a former Deputy President of the Galle Bar Association and also a member of the Executive Committee of the Bar Association of Sri Lanka from 2009 to 2018, who is presently practicing in Galle. 4. The Petitioners state that the 2nd Petitioner was also a member of the Southern Provincial Council from 1999 to 2004 and a Member of the Parliament representing the Galle District from 2004 to 2015 from the Janatha Vimukthi Peramuna. Respondents 5. The Petitioners state that; a. The 1st Respondent is the Commanding Officer of the Gamunu Regiment Camp in Gall Fort, to the best of Petitioners‟ knowledge under who commands the Army personnel whose unlawful conduct is presently impugned. b. The 2nd Respondent is the Commander of the Army; 3 Petition c. The 3rd Respondent is the Officer-in-charge of the Galle Police Station. The 4th Respondent is the Senior Superintendent of Police of the Galle Division and the 5th Respondent is the Deputy Inspector General of Police for the Galle District. The 6th Respondent is the Senior Deputy Inspector General of Police of the Southern Province and the 7th Respondent is the Inspector General of Police; d. The 8th Respondent is the Secretary to the Ministry of Defense; e. The 9th Respondent is the Honourable Minister of Public Security and the 10th Respondent is the Secretary to the Ministry of Public Security; f. The 11th Respondent is the person responsible for the general administration of the Galle International Cricket Stadium; g. The 12th Respondent is the Honourable Attorney General who is made a party to this application as required by law. Peaceful Protest Organized by the Petitioners 6. The Petitioners state that in the backdrop of the economic and political crisis the country is presently facing, causing its citizens to suffer immensely, the Petitioners with certain other civil society activists and concerned citizens in Galle have organized a protest on 30.06.2022 against the conduct of the present Government and the President whose conduct has caused destruction of the country‟s economic and social fabric. 7. The Petitioners state that the 2nd day of the 1st test match played between Sri Lankan and Australian Cricket teams was also on the 30.06.2022, which was played at the Galle International Cricket Stadium. 8. The Petitioners state that they reached the ramparts of the Galle Fort by a small procession and they have commenced their peaceful protest on the ramparts of the Galle Fort overlooking the Galle International Cricket Stadium. 4 Petition A Compact Disk (CD) containing videos of the protest conducted by the Petitioners and also the impugned conduct of the military personnel and police officers is marked as “P-1” and is annexed and pleaded as part and parcel of the Petition. A video showing the peaceful procession by which the Petitioners and other protestors reached the ramparts of the Gall Fort is named as “P-1(a)” in the CD marked as “P- 1”. 9. Petitioners further state that they conducted their protest by holding banners and placards desisting the present Government and the President of Sri Lanka, exercising their freedom of expression strictly within the bounds of law. The Petitioners categorically state that the said protest have not caused any disturbance whatsoever to the aforesaid Cricket match nor to its spectators and any tourist visiting the Galle Fort. Photographs of the peaceful protest conducted by the Petitioners and the other protestors are marked as “P-2” and are annexed and pleaded as part and parcel of the Petition. And a video showing the said peaceful protest is named as “P-1(b)” in the CD marked as “P-1”. 10. The Petitioners also state that the aforesaid manner in which the Petitioners and the others conducted the said protest have not caused any breach of peace nor it has caused any treat to the public peace. Unlawful and Arbitrary Disruption of the Petitioners’ Peaceful Protest by using Military and Police Powers 11. The Petitioner state that few minutes after the said peaceful protest had commenced, a group of Army personnel had arrived at the place of protest and thereupon proceeded to forcefully remove the banners and placards held by the Petitioners and other protestors. A video showing the aforesaid unlawful conduct of the Army personnel is named as “P-1(c)” in the CD marked as “P-1”. 12. The Petitioners state that to the best of the Petitioners‟ knowledge the Army personnel arrived at the place of protest are from the Gamunu Regiment Camp – Galle Fort, and some of the said Army personnel were also armed with weapons. 5 Petition 13. The Petitioners further state that the said Army personnel have also made threats to the peaceful protestors and thereby caused to disperse the protesters. 14. The Petitioners state that when a protester was threatened by an Army officer, the Petitioners and the other protestors said that they are exercising their freedom of expression. However, the said Army officer has replied that freedom of expression cannot be exercised at the said place and had continued to forcefully chase away the protestors. A video showing the aforesaid incident with the Army personnel is named as “P- 1(d)” in the CD marked as “P-1”. 15. The Petitioners state that they have inquired from the said Army personnel as to the authority on which they acted to disrupt and disperse the said peaceful protest, however no answer whatsoever has been provided to the said inquiry. [“P-1(c)”] 16. The Petitioners state that the aforesaid conduct of the Army personnel were also condemned by the foreign tourists who were present at the ramparts of Gall Fort. A video showing the aforesaid incident being condemned by the foreign tourists is named as “P-1(e)” in the CD marked as “P-1”. 17. The Petitioners state that the said Army personnel have caused to act in the aforesaid manner in the presence of Police officers, and to the best of Petitioners‟ knowledge the said officers are attached to the Galle Police Station. 18. The Petitioners further state that they verily believe the said Army personnel were summoned to unlawfully disrupt and disperse the said protest at the instance of the 3rd Respondent. 19. The Petitioners state that they have also lodged a complaint bearing No. CIB4 273/238 at the Galle Police Station against the aforesaid unlawful conduct of the Army personnel. 6 Petition A true copy of the acknowledgment slip of the said complaint bearing No. CIB4 273/238 is marked as “P-3” and is annexed and pleaded as part and parcel of the Petition. Violation of Fundamental Rights of the Petitioners 20. The Petitioners reiterate that they have conducted the aforesaid protest peacefully as an exercise of their freedom of expression guaranteed to them by the provisions of the Constitution of the Democratic Socialist Republic of Sri Lanka. The State including the Army and the Police had no right to prevent them from exercising their said freedom of expression and peaceful assembly. 21. The Petitioners state the 2nd Respondent Commander of the Sri Lanka Army and the 5th Respondent Inspector General of Police are duty bound to ensure that their officers do not infringe on the rights of the Petitioners and other citizens who wish to criticize the President and his government and to protest against their conduct in bringing the country and its people to its present plight causing shortages of fuel, gas, medicine and food and uncontrollable inflation. 22. The Petitioners stat that they were verbally assaulted and threatened by officers of the Sri Lanka Army in the presence of the police officers, as morefully described hereinbefore, and thus the said conduct of the said officers amount to an infringement of the freedom from torture, cruel, inhuman and degrading treatment as guaranteed to them by Article 11 of the Constitution. 23. The Petitioners state that the use of Army personnel to disrupt peaceful protests protected by the law are an infringement of the right to equality and the equal protection of the law as guaranteed by Article 12(1) of the Constitution. 24. The Petitioners further state that the unlawful and arbitrary disruption and dispersal of the protest staged by Petitioners and expressly denying them the freedom of expression by tearing up the posters that were carried, as morefully described hereinbefore, is a gross infringement of the freedom of speech and expression including publication of the Petitioners as guaranteed to them by the Article 14(1)(a) of the Constitution. 7 Petition 25. The Petitioners state that forcefully dispersing the peaceful protest of the Petitioners and the others as morefully described hereinbefore, is a gross violation of the freedom of peaceful assembly of the Petitioners as guaranteed to them by the Article 14(1)(b) of the Constitution. 26. The Petitioners state that the aforesaid protest has been staged in a public place, viz. the ramparts of the Galle Fort, and without causing any disturbance to the public. Thus, forcefully removing the Petitioners and other protestors from the ramparts by causing threats, as morefully described hereinbefore, is a gross violation of the freedom of movement within Sri Lanka of the Petitioners as guaranteed to them by the Article 14(1)(h) of the Constitution. 27. The Petitioners further state that the arrival of military personnel armed with firearms at the ramparts of the Gall Fort and forcefully dispersing a peaceful protest, whilst police officers were present, and without any authority whatsoever is grossly illegal and a danger to the lives of the Petitioners, other protestors and also to the lives of the general public who visited the ramparts of the Galle Fort at or about the said time. Further, the said impugned conduct of the military personnel is a clear abuse of the military power and a usurpation of police powers. 28. The Petitioners further state that the conduct of the military personnel in such a manner amounts to disgraceful and dishonorable conduct and is damaging to the reputation of the reputation of the Sri Lanka Army and outside its scope and ambit and should not be permitted. 29. The Petitioners state that the aforesaid actions of the Respondents and their agents amounts to “executive and administrative action” as contemplated in Article 17 and 126 of the Constitution of the Republic. 30. The Petitioners further seek interim orders on the 1st and 2nd Respondents to disclose to Your Lordships‟ Court, the names and addresses of the personnel of the Sri Lanka Army who are revealed in the videos attached with the Petition, in order to enable the Petitioners to add the said personnel as Respondents. The Petitioners reserve their rights and seek the permission of Your Lordships court to add the aforesaid military personnel as Respondents to this application once their identity is disclosed by the 1st and 2nd Respondents. 8 Petition 31. In the circumstances the Petitioners state that they are accordingly entitled in law to plead and obtain a declaration that the following fundamental rights of the Petitioners have been infringed by any one or more or all of the Respondents; a. Freedom from cruel, inhuman or degrading treatment as guaranteed by Article 11 of the Constitution; b. Right of Equality before the Law and the Equal Protection of the law as guaranteed by Article 12(1) of the Constitution; c. Freedom of expression and speech as guaranteed by Article 14(1)(a) of the Constitution; d. Freedom of peaceful assembly as guaranteed by Article 14(1)(b) of the Constitution; e. Freedom of movement as guaranteed by Article 14(1)(h) of the Constitution; 32. The Petitioners seek the permission of Your Lordship‟s Court to tender any other document if so required and also to add any other party as Respondents if necessity arises. 33. The Petitioners have not previously invoked the jurisdiction of Your Lordship‟s Court in respect of this matter. WHEREFORE THE PETITIONERS PRAY THAT YOUR LORDSHIPS COURT BE PLEASED TO; a. Grant the Petitioners to leave to proceed with this application. b. Make interim orders on the 1st and 2nd Respondents to disclose to Your Lordships‟ Court, the names and addresses of the personnel of the Sri Lanka Army who are revealed in the videos attached with the Petition, in order to enable the Petitioners to add the said personnel as Respondents; 9 Petition c. Declare that the Fundamental Rights of the Petitioners as guaranteed by Article 11, Article 12(1), Article 14(1)(a), Article 14(1)(b) and Article 14(1)(h) of the Constitution have been infringed by any one or more or all of the Respondents; d. Award the Petitioners compensation in the sum of Rupees Five Million payable by one or more or all of the Respondents; e. Grant costs; f. Grant such other and further just and equitable reliefs as Your Lordships‟ Court shall seem meet in terms of Article 126(4) of the Constitution. Attorney-at-Law for the Petitioners 10