The Supreme Court yesterday (16) ordered to hear a fundamental rights petition filed by a Kandy-based lawyer, seeking a ruling on the alleged violation of his fundamental human rights due to the failure of authorities to mitigate the disaster caused by Cyclone Ditwah on July 15.
The petition filed by Attorney-at-Law Keerthi Bandara Kiridena was taken up before a bench comprising Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli.
President’s Counsel Upul Jayasuriya, appearing for the petitioner, told the Court that the Department of Meteorology had been forecasting increased rainfall conditions well in advance, beginning from November 12.
He further stated that on November 21, when the situation had clearly worsened, the spill gates of the Kotmale Reservoir were opened at around 11.00 p.m., releasing a large volume of water. As a result, the Gampola area was completely flooded by around 3.00 a.m. the following day.
Thereafter, the areas of Gelioya, Kandy, and Peradeniya were gradually inundated.
Counsel alleged that the authorities had acted negligently despite having advance warnings from the Meteorological Department.
The respondents named in the petition include the Attorney General, Prime Minister Harini Amarasuriya, other Cabinet Ministers, and members of the National Disaster Management Committee, cited on behalf of the President.
The petitioner’s lawyer informed the Court that his law office, located next to the Kandy Court Complex, was completely destroyed by the cyclone and floods. As a result, vital data stored in his computer system was lost, causing serious damage to his professional work.
The petitioner maintains that the disaster occurred due to negligence and dereliction of duty on the part of the respondents, and that had proper preparedness measures been taken in advance, the damage could have been significantly minimized.
