Colombo Chief Magistrate Prasanna Alwis today (30) rejected the Kurundu Watta police’s request to issue a restraining order preventing the protest and march in which more than fifteen thousand politicians and political activists including Mr. Sajith Premadasa of Samagi Jana Balawega are participating.
The magistrate pointed out that it has been confirmed by previous court orders that criticism is free expression of opinion and the issuing of such a restraining order is a curtailment of the human rights provided by Article 14 of the Constitution.
The Police OIC of Kurudu Watta Police requested this order under Section 106 of the Criminal Procedure Code to prevent public harassment but pointed out that the rights given by Section 14 of the Constitution cannot be limited by the sections of the Criminal Procedure Code.
The magistrate further said that the supreme law in this country is the Constitution.
The magistrate also said:
In this complaint, the police station commander has requested to issue an order to prevent the march and agitation under section 106 of the Criminal Procedure Code. It is stated in the sections of the Criminal Procedure Code that such an order should be issued in an urgent and necessary situation. Courts should be cautious in issuing orders for requests.
The facts have not been presented that there is an urgent and necessary matter to issue such an order. The court should be careful not to issue orders based on the whims of each individual. According to the fourteenth article of the constitution, the right to peaceful assembly, freedom of speech and expression of opinion has been confirmed. That law There are cases which are limited by the fifteenth article of the constitution.
At this time, sufficient facts have not been presented to the court about such a restriction. People have a unique right to “meeting”. A Magistrate’s Court cannot issue orders in violation of those rights. Accordingly, at this time, the request is rejected as no essential facts have been presented regarding an emergency. doing
In this complaint presented by the Kurunduwatta police, 10 political activists, including the leader of Samagi Jana Balavegaya Mr. Sajith Premadasa, were named as respondents.
Source: lankadeepa
