By Ranjith Padmasiri   The Supreme Court has fixed July 15 as the date to consider a fundamental rights petition filed by a Kandy-based lawyer requesting the court to rule his fundamental rights had been violated owing to the failure by authorities to limit the damage from Cyclone Ditwah despite being warned of the impending disaster [...]

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Kandy lawyer’s FR petition on failure by authorities to limit Cyclone Ditwah damage filed for July 15

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By Ranjith Padmasiri  

The Supreme Court has fixed July 15 as the date to consider a fundamental rights petition filed by a Kandy-based lawyer requesting the court to rule his fundamental rights had been violated owing to the failure by authorities to limit the damage from Cyclone Ditwah despite being warned of the impending disaster beforehand.

The court also ordered that notices be re-issued for several of the respondents including members of the Cabinet, the Sri Lanka Mahaweli Authority and Disaster Management Committee, who had not received their earlier notices.

When the petition was taken up before a bench comprising Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli, Upul Jayasuriya, PC, who appeared for the petitioner, Keerthi Bandara Kiridena, told court that the Met Department had forecast as far back as November 12 of an increase in rainy weather, but that authorities had ignored those forecasts before suddenly opening the sluice gates of the Kotmale Reservoir at about 11.10 pm on November 27, resulting in much destruction. He had noted that authorities had been negligent in their duties even after being given due warning.

The petitioner, whose office was located adjacent to the Kandy Courts Complex, states that his office was completely destroyed due to flooding, and this has made it impossible for him to continue his professional practice.

Mr Kiridena further claims that had there been a warning prior to releasing water from the reservoirs, there was an opportunity to minimise the damage and that his fundamental rights were violated due to the negligence of the respondents.

Senior State Counsel Sabrina Ahmed appeared for the respondents.

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