Judicial Intervention to Control Lawful Rallies?

An Analysis on recent court orders obtained by Police to restrain meetings & rallies -By JC Weliamuna

(Lanka-e-News-12.Feb.2012,9.45PM) Basic Liberties cannot be taken away by any State Organ ------------------------------------------------------- Let me begin this article with the following often quoted words, worth reading and digesting. "The law is not the private property of lawyers, nor is justice the exclusive province of judges and juries. In the final analysis, true justice is not a matter of courts and law books, but of a commitment in each of us to liberty and mutual respect." (Jimmy Carter, Dallas-Times Herald, April 26, 1978). When court orders are frequently obtained by the police to restrain lawful protests and meetings, the public begin to wonder whether there is any legal basis for such actions, particularly when the Constitution guarantees freedom of association and freedom of speech. From colonial days until recently Sri Lanka has not seen the police making such unusual applications to courts to prevent mass protests, processions, strikes or peaceful meetings through judicial orders. This article is intended to examine some of the key legal provisions in this regards. Article 14 of our Constitution recognizes the citizen’s right to freedom of speech and expression, freedom of peaceful assembly and freedom of association. However, this right can be restricted in terms of the Constitution, through a particular legal mechanism. Firstly there must be a law passed, restraining such rights and secondly, such law must be for a specific purpose such as “in the interest of racial or religious harmony, in the national interest, morality and for the purpose of securing due recognition of the rights and freedoms of others", as stipulated in Article 15 of the Constitution. Each of such rights is subject to corresponding restrictions. For example, freedom of speech is subject to restrictions such as contempt of court, defamation, parliamentary privileges and incitement to an offence. Our Supreme Court, time and again, has emphasized that there cannot be a restriction of any such rights without passing a law for that purpose or without acting under an existing law. Mere administrative or executive decisions are inadequate!

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