This article based on the 1978 Constitution of Sri Lanka and the Public Security Ordinance No. 25 of 1947. You will learn about Public Security Ordinance Sri Lanka and about curfew.
Emergency and Curfew
The basic law of the country is the Constitution
The Executive President has the power to impose curfews and emergency regulations on Sri Lanka’s territory.
The Seventh Amendment to the Constitution of Sri Lanka is devoted to the powers of the Executive.
In terms of the first sub-clause of Article 30 of the Constitution, the President shall be the head of the executive, the head of the government, and the head of the armed services.
The President makes decisions in accordance with the provisions of the Constitution and the Public Security Ordinance No. 25 of 1947.
(The provisions of this Ordinance have been amended in 1978, 1949, 1953, 1959 and 1988.)
The Public Security Ordinance, enacted and enforced on June 16, 1947, serves the purpose of enacting the Emergency Regulations, taking other measures necessary for the welfare of the public, ensuring peace among the public, and providing services for the well-being of society. As stated in the preamble of the Act.
(Ordinances are Ordinances, Ordinances, which are passed before 1948)
The eighteenth chapter of the Constitution is devoted to “public safety”.
It is acknowledged that the Public Security Ordinance, enacted in 1947 in accordance with the first subsection of Article 155, was enacted under the 1978 Constitution and that the President has the power to make emergency orders under the Public Security Ordinance or the Act at the moment. (That is, the President is vested with the Public Security Ordinance)
The third sub-clause of the same clause states that the provisions of such a law for the protection of the public are enforced until such time a statement is issued under the relevant law.
Curfew is also considered one of the emergency regulations.
But emergency and curfew are not the same.
Curfew is only one of the regulations and/or powers the President can impose under the Emergency.
In terms of sub-section 16 of the Public Security Act, the President has the power to impose curfews through a gazette, whenever the President feels that public peace is to be established in the whole country or in any part of the country.
Within the time period specified in the Declaration, any person in that area shall be defined as any “public” place in the area, such as roads, railways, public parks, playgrounds, public beaches, public bridges, public pavements, culverts, etc. You are not allowed to stay in a possible location.
The third sub-clause states that any person who violates that order shall be deemed to have been guilty of a criminal offense and any person who violates such order shall be produced before a magistrate within twenty-four hours.
(No arrest warrant is required in this case. A police officer is permitted to arrest such person on reasonable suspicion under section 18 of the Ordinance)
The clause further states that any person convicted of such offense can be sentenced to a rigorous imprisonment not exceeding one month or a fine not exceeding one hundred rupees or both.
The fourth sub-clause states that this offense is a bailable offense.
A state of emergency, however, can be imposed on the entire country or one area.
No arrest warrant is required under the emergency regulations.
Under Section 18 of the Ordinance, a police officer is permitted to arrest such a person on reasonable suspicion.
The President feels that there is a need to take steps to ensure the welfare of the people, to provide for the welfare of the people, and to provide the necessary services for the well being of the people in terms of Article 5 of the Second Chapter of the Ordinance. He has the ability to impose emergency regulations in the near future The promotion.
According to Article 2 of the Ordinance, Emergency Regulations can be enacted for a period of one month after being adopted by Parliament and must be re-enacted (if necessary) within a period of one month.
(Sri Lanka’s Emergency Regulations went into effect until the end of the war period in 1983 when the war was over)
The legal status, however,
The President can enforce those regulations in less than a month if he thinks fit.
(This is how the Emergency was in effect for only ten days)
Article 7 of the Public Security Act states that once the Emergency Regulations are enacted in the country, other laws and regulations prevailing in the country will prevail over that period.
The eighth clause states that the public has no right to question any Emergency Regulations or any other law or regulation imposed by the Emergency Regulations through any courts in the country.
Powers Of the President Under the Emergency Regulations
In terms of Section 5 of the Ordinance, the President can hold persons, launch surveillance operations anywhere, amend any law, pay compensation to persons affected by the Emergency Regulations, and set appropriate penal procedure for persons found guilty under such regulations. Powers are available.
He has the power to summon the armed forces at the behest of the President in terms of Article 12.
In terms of Article 13, the government is authorized to obtain firearms and explosives from those in possession.
Public Security Ordinance Sri Lanka
To learn more about physical custody and legal custody, check out “02 Types of Child Custody Arrangements ”, available in English.