Two Fundamental Rights petitions have sought a Supreme Court order nullifying the President’s gazette notification to bring the Sri Lanka Rupavahini Corporation (SLRC) under the Ministry of Defence (MoD). One petition has been filed by civil society activists Ven. Dambara Amila Thera and Prof. Chandraguptha Thenuwara, while the other is by United National Party parliamentarian [...]

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Rupavahini Corp. under Defence Ministry illegal, say FR petitions

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Two Fundamental Rights petitions have sought a Supreme Court order nullifying the President’s gazette notification to bring the Sri Lanka Rupavahini Corporation (SLRC) under the Ministry of Defence (MoD).

One petition has been filed by civil society activists Ven. Dambara Amila Thera and Prof. Chandraguptha Thenuwara, while the other is by United National Party parliamentarian Ashu Marasinghe and civil society activist Saman Rathnapriya.

The petitioners state that the gazette notification dated September 9, 2019, issued by the President which brought the SLRC under the MoD is illegal.

They argue that, as per the 19th Amendment to the Constitution, subjects and functions other than Defence, Mahaweli Development and Environment, cannot be assigned to the President, and that, the SLRC and the SLRC Act must come under the purview of the Minister (of whatever description) in charge of Mass Media, and that, in any event, the said Corporation and Law cannot be said to fall under the subject and function of ‘Defence’.

The petitioners claim that they believe the actions of the President are a gross abuse of Presidential power and had been taken purely for political gain, especially in light of the upcoming Presidential Election.

Given this situation and, in considering the urgency of the matter, the petitioners have moved court to grant them leave to proceed and also, to make an interim order suspending the gazette notification issued by the President, bringing the SLRC under the MoD, until the conclusion of the case. They also seek a final order quashing the gazette notification and declaring that the President, through his actions, has violated the fundamental rights guaranteed to the petitioners in terms of Article 12(1) of the Constitution.

The Attorney General has been cited as a respondent by the petitioners, as he represents the President. Other respondents include Non-Cabinet Minister of Mass Media Ruwan Wijewardene and Prime Minister Ranil Wickremesinghe.

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