SC Rules That Ranil’s 2022 Emergency Laws Violated Fundamental Rights

The Supreme Court of Sri Lanka has ruled that the State of Emergency declared on July 17, 2022, by then Acting President Ranil Wickremesinghe was unconstitutional and violated the fundamental rights of citizens.

The ruling comes in response to several petitions filed by civil society organizations and activists, including former Human Rights Commissioner Ambika Satkunanathan, the Centre for Policy Alternatives, the Law and Society Trust, and the Liberal Youth Movement.

A majority decision by the three-judge bench, including Chief Justice Murdhu Fernando and Justice Yasantha Kodagoda, held that the emergency regulations issued under Section 2 of the Public Security Ordinance were arbitrary, lacked legal basis, and imposed a disproportionate restriction on basic freedoms. The regulations were introduced during a time of mass public protests amid the Aragalaya movement, as the government attempted to suppress growing dissent.

However, Justice Arjuna Obeysekera dissented, stating that he did not believe the emergency measures violated fundamental rights.

In addition to declaring the regulations invalid, the Supreme Court ordered the government to pay legal costs to the petitioners, underscoring the state’s accountability in upholding constitutional freedoms.