Sri Lankan legal experts have refuted the Acting Defence Minister’s statement on the mandatory approval from security establishments to hold a protest or demonstration.
Acting Defence Minister Premitha Bandara Tennakoon yesterday said approval must be obtained from the Police 06 hours prior to holding a protest or demonstration.
Addressing the media yesterday, he said the requirement is mandatory as per the laws of Sri Lanka.
Legal experts, lawyer and MP M. A. Sumanthiran and the President of the BAR Association of Sri Lanka (BASL) Saliya Peiris PC, have refuted the requirement mentioned by the Acting Defence Minister.
MP Sumanthiran said, “both, the Minister of Defence and Acting Minister of Defence need to be tutored properly in the law relating to fundamental rights.”
He further said this jurisprudence under the 1972 Constitution (though not justiciable) and the 1978 Constitutions has been developed over 50 years by the Supreme Court.
Meanwhile, BASL President Saliya Peiris also refuted reports, pointing out that this is not what the Supreme Court held in the case of Vivienne Goonewardene v Hector Perera as per the judgment of Justice J.F.A. Soza in 1983.
“Accordingly, there was no legal basis for Sub-Inspector Ganeshananthan’s order to the processionists to disperse. The absence of a permit did not make the continuance of the procession an offence or any of the processionists liable to arrest. The petitioner and the others who were with her were well within their rights to ignore the order of Sub-Inspector Ganeshananthan to disperse,” he said, referring to the Supreme Court judgement on the said case.
Saliya Peiris further emphasized that under Article 14(l)(b) of the Constitution the freedom of assembly is a fundamental right guaranteed to all citizens. (NewsWire)
