The Attorney General has given an undertaking before the Court of Appeal that without following the proper legal procedures, no action would be taken against the unauthorized temporary structures of the protesters at the “GotaGoGama” protest site at Galle Face Green until August 10.
Additional Solicitor General Sumathi Dharmawardena appearing on behalf of the Attorney General made this undertaking before the Court of Appeal
and he informed the Court that the necessary direction regarding the matter will be given immediately to the Inspector General of Police (IGP).
The Court of Appeal pointed out that there is no obstacle for the respondents to proceed with the initial legal actions within only the proceedings set out in regarding the removal of those unauthorized temporary structures during this period.
The Court also highlighted that this order will not affect the protestors who are vacating from the protest site voluntarily.
The petitions were taken up before the Court of Appeal Bench comprising Justices Sobitha Rajakaruna and Dammika Ganepola.
When the petitions were taken up before the Court of Appeal yesterday, President’s Counsels Asthika Devinda, M.A Sumanthiran, Rienzie Arsakularatne and Sri Lanka Bar Association President Saliya Pieris PC appearing for the petitioners made lengthy submissions over the petitions.
According to the submissions made by the counsels who appeared for the petitioners, they pointed out that the Galle Face Green protest site was previously designated as an area as a protest site by the Government and the President.
The protesters began the protest in March, 2022 to voice their frustrations, protest the actions of the Government which had contributed to their hardships, demand progressive solutions to the manifold issues gripping the country, and most notably pressure the President to resign and appoint a new government. The protestors have been engaged in the protest peacefully since the month of March for more than 120 days, they said.
“When the protest commenced, the Police accepted the legitimacy of the protest site and they supported and cooperated with the protestors without obstructing them,” they said. They further pointed out that the Urban Development Authority has the powers to remove unauthorised constructions in the city limits of Colombo area and it should be done under the existing legal framework. Additional Solicitor General Sumathi Dharmawardena appearing on behalf of the Attorney General said before the Court that these protestors exceed their powers and numbers of violations have been carried out by the several parties when protesting.
“Following the notice issued by the Police on Wednesday, 20 tents have been removed,” he added. After the submissions made by all parties over the petitions, the Attorney General made an undertaking before the Court not to take any actions outside the legal procedure to vacate protesters from the Galle Face Green protest site.
The Petitions will be taken up again on August 10. Four Writ Applications have been filed in the Court of Appeal seeking an interim stay order preventing the respondents in the petitions from acting on the Police order directing protestors to vacate Galle Face “Gota Go Gama” protest site.
The Colombo Fort Police last Wednesday informed those occupying tents and temporary shelters at the Galle Face protest site to vacate the premises by 5 p.m. today.
The notice further stressed that legal action would be sought against those who fail to comply with the instructions.
In an announcement, the Galle Face occupants were urged to behave in a manner that is in compliance with the country’s law and not to oppress the public.
The petitions have cited Fort Police OIC Chief Inspector Sagara Liyanage, IGP C.D. Wickremaratne, Urban Development Authority and the Attorney General as the respondents. The petitions were filed by Ven. Miragahawaththe Kashyapa Thera, Irosh Aponsu, Lahiru Anton Fernando and Asanka Abeyrathne.
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