A legal team is preparing to consider taking legal action against authorities for failing to take proactive steps despite advance warnings from the Meteorological Department about the adverse weather conditions affecting the country, Sunday Mawbima reports.
In addition, the team is preparing to offer legal aid to people affected by the disaster and to challenge the government’s attempts to control the media and social media under emergency regulations.
According to the report This legal team, known as “Free Lawyers,” met on December 5th at the Nippon Hotel in Colombo to discuss these issues. The meeting was organised by Professor G.L. Peiris.
The lawyers will study the facts and possible legal measures that can be taken against officials who are responsible for planning and activating the state mechanism during such situations.
Attorney Gunaratne Wanninayake has been appointed as the convener of this panel, which reportedly includes several senior lawyers, including President’s Counsel.
According to subject experts, the Director General of the Disaster Management Centre and the Secretary of Defence hold key authority in planning the state mechanism for disaster response.
A national mechanism to prepare for disaster situations has been in place since 2023, to be activated as soon as the Meteorological Department issues warnings. The “National Disaster Management Plan 2023–2030,” prepared under the Disaster Management Act of 2005, has been approved by Parliament. It outlines how to protect the public from natural disasters such as tsunamis, cyclones, floods, and landslides.
Under the leadership of retired Major General Sudantha Ranasinghe, then Director General of the Disaster Management Centre, the plan was developed using years of data analysis and field surveys. A parallel “National Emergency Operation Plan” was also prepared to guide its implementation.
Furthermore, the Disaster Management Act of 2005 clearly defines how the state mechanism should function during such disasters.
However, a subject expert who spoke to Mawbima on condition of anonymity said that all three legal requirements, the Act, the plan, and the operational framework, appear to have been ignored.
Since disaster response cannot be handled by a single institution, significant responsibility lies with both the Director General of Disaster Management and the Secretary of Defence, the expert said.
Attempts to contact Retired Major General Sampath Kotuwegoda, Director General of the Disaster Management Centre, regarding these allegations were unsuccessful, as he did not respond to phone calls.
However, when questioned, Defence Secretary Air Vice Marshal Sampath Thuiyakontha denied the allegations, stating that he was aware of the monsoon conditions and had taken the necessary steps.
