Emergency regulations and differing court interpretations

THE Supreme Court this week dismissed two Fundamental Rights petitions filed challenging President Anura Kumara Dissanayake’s decision to impose Emergency Regulations following Cyclone Ditwah.

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A three-member bench presided by Chief Justice Preethi Padman Surasena gave the ruling after considering the submissions and refused leave to proceed with the petitions and dismissed them in limine (at the outset).

The Additional Solicitor General appearing for the Attorney General informed Court that the Emergency Regulations were promulgated by the President in anticipation of an emergency situation in the country, and that the President's authority to take decisions during such emergency situations should not be curtailed.

The President promulgated the emergency regulations under the powers vested him under the Public Security Ordinance on 29 November, and its nearing three months since the law was put in place. The unprecedented situation warranted the special laws in place but there are questions as to why the emergency regulations are still in place given the emergency situation has now passed and the normal laws are adequate to deal with the current situation.