SC dismisses FR petition on May 9 attacks in Galle Face
The Supreme Court decided yesterday (19) to dismiss a Fundamental Rights petition filed by a human rights organization against attacking the activists of Galle Face struggle on May 9, 2022.
“Right to Life” organization, its executive director Philip Dissanayake and another person filed this fundamental rights petition saying that their human rights were violated because of the attack on the Galle Face activists on May 9 last year and the subsequent violence across the country.
The three-member Supreme Court Bench consisting of Judges S.Thurairaja, Yasantha Kodagoda and Arjuna Obeysekere dismissed the petition accepting the initial objections by Senior State Counsel Shaminda Wickrama, who appeared for the respondents including the Attorney General.
Ten senior DIGs including the Senior DIG in charge of the Western Province Deshbandu Tennakoon, the Minister of Public Security, and the Attorney General were named as respondents in the petition.
Attorney Lakshan Dias, who appeared for the petitioner, stated before court that on the morning of May 9 last year, there was an attack in Galle Face and in the afternoon there was violence all over the country.
The lawyer alleged that the failure of the police to take proper measures to prevent those acts of violence resulted in a violation of basic human rights.
Senior State Counsel Shaminda Wickrama, raised preliminary objections and pointed out that the petitioners have failed to submit this petition within the statutory period. The lawyer argued that the petition had been submitted after the lapse of the prescribed time and therefore, it could not be taken forward.
Also, the senior counsel for the government submitted that the petitioners had submitted this petition hiding certain facts and they have come to court without clean hands. Therefore, the senior state counsel requested court to dismiss the petition without hearing it.
Counsel for the petitioner failed to present the facts regarding the inability to file this petition within the relevant period. The three-judge Bench of the Supreme Court, which considered the facts presented, decided to dismiss the petition without hearing it.