Understanding Fundamental Rights Applications: Insights from the 166th BASL Webinar

On a bright morning, the Bar Association of Sri Lanka (BASL) hosted its 166th webinar focusing on the critical topic of fundamental rights applications. This session marked the 69th installment of a new webinar series conducted in English, aimed at enhancing legal knowledge among practitioners. The webinar was organized by the seminars committee of the BASL, with notable contributions from esteemed legal professionals.

The Esteemed Panel

The panel featured distinguished speakers:

• Mr. Manohar D. Silva, President's Counsel, who has extensive experience in constitutional law and has authored several works on constitutional reform.
• Mr. Dharmendra S. Seneviratne, a senior attorney specializing in constitutional and administrative law, known for his involvement in landmark cases.
• Mr. Shanta Jayawardena, an expert in public law with a rich background in administrative law.
• Mr. Bhupathy Kahaturo, the moderator, who is also a practicing attorney with a focus on civil and commercial law.

Overview of Fundamental Rights

Definition and Importance

Fundamental rights are enshrined in the constitution and are essential for protecting individual freedoms against state infringement. They are enforceable in the Supreme Court, providing a legal avenue for citizens to seek redress.

Key Articles

The constitution outlines several articles related to fundamental rights, including:

• Article 10: Freedom of thought, conscience, and religion.
• Article 11: Prohibition of torture.
• Article 12: Equality before the law.
• Article 13: Rights of arrested persons.
• Article 14: Freedom of speech and expression.

Approaching a Fundamental Rights Case

Initial Considerations

When preparing a fundamental rights application, lawyers must ensure:

1. Local Standing: Determine if the petitioner has local standing to file the application.
2. Respondents: Identify all parties responsible for the alleged infringement of rights.
3. Timeliness: Applications must be filed within one month of the infringement, with exceptions for awareness and ongoing violations.

Drafting the Application

The application must be meticulously drafted, addressing potential objections from the respondents. Key elements include:

• Clear articulation of the rights violated.
• Evidence supporting the claims, including affidavits and relevant documents.
• Specific prayers for relief, including interim orders if necessary.

Practical Insights from the Panel

Mr. Manohar D. Silva's Insights

Mr. Silva emphasized the importance of understanding the constitutional provisions related to fundamental rights. He advised young lawyers to gain experience through legal aid cases, as practical exposure is crucial for building a successful practice in this area.

Mr. Dharmendra S. Seneviratne on Time Limitations

Mr. Seneviratne elaborated on the significance of adhering to time limits for filing applications. He highlighted exceptions where awareness of infringement plays a critical role in determining the start of the time period for filing.

Mr. Shanta Jayawardena on Necessary Parties

Mr. Jayawardena discussed the necessity of including all relevant parties in the application, including those who may be affected by the relief sought. He also touched on the complexities of cases involving trade unions and school admissions, stressing the importance of thorough documentation.

Interim Orders and Relief

Importance of Interim Relief

Interim orders are crucial in fundamental rights applications, allowing the court to maintain the status quo while the case is being heard. Lawyers must clearly articulate the need for such orders in their petitions to prevent further erosion of rights.

Conclusion

The 166th BASL Webinar provided valuable insights into the intricacies of fundamental rights applications in Sri Lanka. The discussions highlighted the importance of thorough preparation, understanding legal nuances, and the need for practical experience in navigating this complex area of law. As the legal landscape evolves, the role of fundamental rights lawyers remains pivotal in upholding justice and protecting individual freedoms.