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Quarantining protesters: 'Police obtained health authorities’ approval' 

10 Jul 2021

  • Public Security Ministry defends position 

  • Quarantine law misused to stifle dissent: Lawyer 

  • Says DGHS letter to IGP ultra vires 

  • SJB files 3 FRs at SC against the move 

  • Unionist slams arbitrary detention, ill-treatment  

  • BASL writes to DGHS, IGP condemning actions 

By Yoshitha Perera   The Police had obtained consent from the health authorities to quarantine the trade union activists who were arrested last Thursday (8) following several demonstrations conducted in Colombo, Public Security Ministry Secretary Major General (Retd.) Jagath Alwis told The Sunday Morning.  Responding to The Sunday Morning’s query on whether the quarantine laws could be used to clamp down on dissent, he said that he has to check on the matter before commenting.  Meanwhile, Attorney-at-Law Upul Kumarapperuma said that the quarantine laws could not be used to crackdown on dissent, stating: “The quarantine laws have been implemented to prevent the spread of a disease, not to arrest or detain people.”  He noted that after March 2019, Health Minister Pavithra Wanniarachchi had introduced certain regulations under the Quarantine and Prevention of Diseases Ordinance and given certain powers to the health authorities including the Health Services Director General (DGHS). “However, in these regulations, nothing was mentioned about conducting protests or demonstrations. The Police are merely relying on a letter issued by the DGHS.”  Earlier, DGHS Dr. Asela Gunawardena had written to the Inspector General of Police (IGP) Chandana D. Wickramaratne, indefinitely banning public gatherings and protests, citing the risk of the spread of Covid-19.  The decision was met with criticism from the Opposition, trade unionists, and social activists.   A series of protests and demonstrations ensued, accompanied by a flurry of arrests of protestors and demonstrators including of several high-profile Opposition politicians and trade unionists, some of whom were subsequently placed under quarantine.  Observing that although the DGHS is mentioned as the competent authority, Kumarapperuma explained: “However, the DGHS cannot issue regulations or directives. The letter which has been issued by the DGHS is ultra vires, as he has no power to do so.”  He also added that there are certain circumstances under which a person could be sent to quarantine, including if a person arrives from abroad, if a person is the first contact of an infected person, or if the health authorities think that a person infected with Covid-19 has to be quarantined for a further period.  Kumarapperuma further said: “That decision has to be taken by the health authorities, and not the Police. There should be a valid explanation from the health authorities to send a person to quarantine. Therefore, we don’t know whether there is any clear recommendation from the health authorities in this situation where they sent trade union activists to quarantine, because if there is no such clear recommendation from the health authorities, it amounts to detention.”   In Parliament, Opposition and Samagi Jana Balawegaya (SJB) Leader Sajith Premadasa and the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) Leader and MP Anura Kumara Dissanayake also spoke out against the behaviour of the Police last Thursday.   Premadasa emphasised that the DGHS is the competent authority to take such a decision to send a person to quarantine while Dissanayake noted that the quarantine law is being forcefully used to abduct the common man.  The SJB also filed three fundamental rights (FR) petitions at the Supreme Court last Friday (9) challenging the arrests of trade union activists using the quarantine law.          Speaking to The Sunday Morning, Ceylon Teachers Union (CTU) General Secretary Joseph Stalin, who was among those sent to quarantine, said that they were sent to the Air Force camp quarantine centre at Mullaitivu without any prior notice by the Police.  He claimed: "We were not able to get our medication, clothes, and necessities. These people are not treating us in a proper manner and the Government is violating the quarantine regulations."  Meanwhile, issuing a letter to the DGHS and IGP on Friday, the Bar Association of Sri Lanka (BASL) expressed its grave concern at the arrests and detention of protestors by the Sri Lanka Police ostensibly for violating health regulations relating to Covid-19.   


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