(Sri Lanka Brief/ 07 October 2025) On October 7, the Attorney General’s Department requested the Supreme Court to dismiss the fundamental rights petition concerning the arrest and assault of journalist Tharindu Uduwaragedara, which occurred while he was covering a protest.
The request was made during a hearing of the petition filed by Uduwaragedara on July 28, 2023. The journalist alleges that he was forcibly removed from a three-wheeler, assaulted, and arrested after reporting on a public demonstration. The case was heard before Justices Achala Vengappuli, Menaka Wijesundara, and Sampath Abeykoon.
Deputy Solicitor General Madhava Tennakoon, representing the Attorney General’s Department, argued that the petition was filed ten months after the incident—well beyond the statutory time limit.
According to Article 126(1) of the Constitution, a fundamental rights petition must be filed within one month of the alleged violation. Article 126(5) further stipulates that the Supreme Court must conclude its examination within two months of the petition’s filing.
However, Section 13(1) of the Human Rights Commission of Sri Lanka Act No. 21 of 1996 provides an exception: if a complaint is made to the Human Rights Commission within one month of the violation, the duration of the Commission’s investigation is excluded from the one-month limit for filing a petition in the Supreme Court.
The Deputy Solicitor General contended that the investigation into Uduwaragedara’s case was initiated by the Human Rights Commission itself, not based on a formal complaint from the journalist. Therefore, he argued, the exception under Section 13(1) does not apply, and the petition should be dismissed as time-barred.
Advocate Swastika Arulingam, appearing for Uduwaragedara, countered that it is unreasonable to expect a victim to file a separate complaint when the Human Rights Commission has already initiated an investigation into the alleged violation. She argued that such a narrow interpretation undermines the intent of Section 13(1).
She further emphasized that the gravity of the human rights violation and its public significance should outweigh procedural technicalities.
The judges deferred their decision on whether to proceed with the case and instructed both parties to submit written submissions by November 7.
Uduwaragedara had previously filed a complaint with the Borella Police under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994. As that complaint was not investigated, he filed the Fundamental Rights Petition on June 11, 2024. At the time of filing, the Human Rights Commission of Sri Lanka was actively investigating the incident.
(With the inputs from a Sinhala language story published on whatnes.lk)