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Emergency regulations must not be used to suppress expression of opinion on election Prez: BASL

18 Jul 2022

The Bar Association of Sri Lanka (BASL) is of the view that at a time when the election to the office of President has been scheduled in Parliament, the Emergency Regulations must not be used to suppress any legitimate expression of opinion on the election of the President nor to suppress any dissent or disagreement on a particular candidate. A state of Emergency has been declared by the Acting President with effect from 18th July 2022, the third time since April 1st 2022 that the country has been placed under the same. "Consequent to the declaration of a State of Emergency the Acting President is empowered to make Emergency Regulations which can override, amend or suspend the provision of any law, except the provisions of the Constitution. Emergency Regulations could be used to detain persons bypassing the ordinary courts process. In the past Emergency Regulations have led to many abuses on the part of the authorities which are reflected in the numerous decisions of our courts," the BASL said in a statement. The BASL also notes that in terms of the law any attempt to unduly influence a Member of Parliament or bribing a Member of Parliament in respect of his vote is a specific offence under the law. Any attempt to use any threat, undue influence, coercion or bribe to influence such vote will be illegal and should not be condoned. It further called upon the Acting President to forthwith revoke the proclamation declaring a State of Emergency, and to ensure that the fundamental rights of the people such as the freedom of expression including the freedom of speech and publication and the freedom of peaceful assembly which are all aspects of the sovereignty of the people are respected and protected and not violated by the State or its agents.


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