The Supreme Court yesterday decided to dismiss twelve Fundamental Rights petitions filed seeking an order staying the operation of the gazette notification issued to cremate persons who died of COVID-19.
A majority of a divided three-judge-Supreme Court bench refused to grant leave to proceed with these petitions.
Supreme Court three-judge-bench comprised Chief Justice Jayantha Jayasuriya,
Justice Murdu Fernando and Justice Preethi Padman Surasena.
Several petitioners including leader of Sri Lanka’s All Ceylon Makkal Congress (ACMC) Rishad Bathiudeen and several others have filed these petitions alleging that rules relating to dispose the bodies of suspected Muslim victims of COVID-19 are contrary to the method practiced by followers of Islamic Faith.
The petitioners cited the Health, Nutrition and Indigenous Medicine Minister, Health Services Director General, Health and Indigenous Medical Services Ministry Secretary and the Attorney General as respondents.
The petitioners alleged that restrictions imposed banning burials of COVID-19 victims by regulations under the Quarantine and Prevention of Diseases Ordinance was illegal as Article 15 (7) only allowed such a restriction to be made by passing a law, or by Emergency Regulations under the Public Security Ordinance.
President’s Counsel Faizer Musthapha, M.A. Sumanthiran, Saliya Pieris, Nizam Kariapper, Senior Counsel Viran Corea with Counsel Pulasthi Hewamanna, Thilini Vidanagamage and Pulasthi Rupasinghe appeared for the petitioners.
President’s Counsel Sanjeewa Jayawardena appeared for the intervenient petitioner.
Senior Deputy Solicitor General Nerin Pulle with Senior State Counsel Kanishka De Silva appeared for the Attorney General.
