second case before five-judge bench also to be mentioned today

By Shamindra Ferdinando

Amidst economic chaos caused by the disruption of fuel and LP gas supplies as well as severe shortage of food and medicine, the Bar Association of Sri Lanka (BASL) has filed a motion requesting the Supreme Court to take up cases pertaining to alleged violation of fundamental rights due to the deprival of basic requirements of the people. A senior spokesperson for the BASL yesterday told The Island that they would be represented by Dr. Kanag Iswaran, PC, Uditha Egalahewa, PC, Suren Gnanaraj, Pulasthi Hewamanne, Lakshmanan Jeyakumar and Niranjan Arulpragasam instructed by GG Arulpragasam. The cases would be taken up today (04). The BASL is seeking interim relief.

The BASL has acted in terms of Articles 17 and 126 of the Constitution. The motion has been filed in respect of cases over fundamental rights violations under Articles 11, 12(1), 13(4), 14(1)(g), 14(1)(b), and 14 A of the Constitution.

The BASL spokesperson said that the cases were to be taken up today for the Counsel for the respondents to inform the apex court of measures taken to improve the situation. Copies of the motion, affidavit and the annexures have been delivered to the Attorney General.

The respondents are the Attorney General, both former and present members of the Cabinet, including Prime Minister Ranil Wickremesinghe, both former and present members of the Monetary Board, several other officials and three stare enterprises, CEB, CPC and SPC.

Responding to a query, the BASL Spokesperson said that the BASL had amended the affidavit to include those who accepted cabinet portfolios following the appointment of Ranil Wickremesinghe as the Prime Minister on 12 May. The official pointed out that a week after the appointment of the new Premier, the Governor of the Central Bank Dr. Nandalal Weerasinghe had declared that Sri Lanka was suspending debt repayment pending negotiations with the International Monetary Fund (IMF).

The BASL has brought to the notice of the Supreme Court several pertinent matters namely disruptions to the supply of petrol, diesel, LP gas, kerosene, electricity and medicine, the inability of the public to engage in income-generating activities owing to the disruptions to public and private transport and health services, food supply and court proceedings, and the likelihood of breakdown law and order.

The affidavit also includes a section of BASL statement issued on 27 June on the continuing fuel shortage and its impact on the people. The BASL has urged the government to inform the public immediately of its plans to ensure the continuous supply of fuel in the short term, present a roadmap for the fuel crisis, and to devise, after proper consultation with the relevant stakeholders, an effective plan to ensure the fair and equitable distribution of fuel to the people taking into account the need to ensure that public transportation and essential services are not hindered.

Referring to contradictory statements issued by those who represented the government, including Sagala Ratnayake, Chief of Staff of Premier Wickremesinghe, the BASL has stated that none of the respondents has so far informed the public of measures to alleviate the suffering of the people.Meanwhile, a fundamental rights violation case in which Prime Minister Wickremesinghe has been named as the first respondent as regards the economic crisis will be mentioned today (04) to fix a date for support. The case will be taken up before a bench of five judges.

Dr. Athula Kumara Samarakoon of the Open University, Sri Lanka, Soosaiappu Neavis Morais and Dr. Mahim Mendis have petitioned the Supreme Court. The application filed in terms of the Articles 17 and 126 of the Constitution has named the entire Cabinet of Ministers, including former PM Mahinda Rajapaksa and Basil Rajapaksa and Ali Sabry, PC as respondents. Among others named are former presidential secretary Dr. P. B. Jayasundera, ex-CBSL Governors, Prof. W.D. Lakshman and Ajith Nivard Cabraal and ex-Treasury Secretary S.R. Attygalle.

Members of the CIABOC (Commission to Investigate Allegations of Bribery or Corruption), too, have been made respondents; the petitioners have in a letter, asked the CIABOC members to investigate the mismanagement of the economy by former members of the Monetary in violation of Section 70 of the Bribery Act as well as lawmakers Mahinda Rajapaksa and Basil Rajapaksa. The petition cited the controversial decision taken to reduce a range of taxes in terms of SLPP presidential election candidate Gotabaya Rajapaksa’s manifesto titled, ‘Vistas of Prosperity’ as one of the major causes of the current crisis.

The petitioners have stated that as at April 2022, the price of essential goods had increased from the previous year as follows: (a) The price of Petrol increased by 85%; (b) The price of Diesel increased by 69%; (c) The price of a cylinder of Liquid Petroleum Gas increased by 84%; (d) The price of turmeric increased by 443%; (e) The price of bread increased by 433%; (f) The price of rice increased by 93%; and (g) The price of dhal had increased by 171%

The petitioners have cited incumbent CBSL Governor Dr. Nandalal Weerasinghe’s statement before the Committee on Public Enterprises (COPE) on 25 May in support of their argument. Dr. Weerasinghe was quoted as having told COPE that the government lacked foreign currency reserves to pay its foreign debt or buy essential imports, and the assistance of the International Monetary Fund and foreign nations was required.

The petitioners have also quoted statements made by ex-Finance Minister Sabry to underscore the crisis created by what they call the wrong policies of the then government. They cited President Rajapaksa’s unilateral decision to prohibit the use of chemical fertiliser and agrochemicals as another reason for the crisis. Issues such as the government using foreign reserves to prevent the depreciation of the rupee have also been raised by the petitioners. Statements made by Dr. Ranee Jayamaha and Sanjeeva Jayawardena PC, two appointed members of the Monetary Board, before the COPE were also cited in support of the petition. They were quoted as having said that they received instructions to use dollar reserves to hold the rupee as Rs. 203 in spite of their strong objections