Constitutional rights violations:

Courts have power to forge new tools - SC judge

Sarath MALALASEKERA

Courts have broad power to grant an order that is appropriate, just and equitable particularly with regard to violations of constitutional rights, Supreme Court judge Justice Shirani Tilakawardane said in a judgment.

Courts have power to forge new tools in this regard. Appropriate relief, apart from the declaration which the court makes, must also vindicate the constitution and consider the maladministration by the third respondent, she said.

The judgement stated therefore, the court orders as a deterrent against further violation of rights enshrined in the constitution, compensation in Rs 500,000 to be paid to the petitioner by the third respondent, personally. The court also ordered as de bonis propriis against public officials acting in bad faith and causing unnecessary legal costs and litigation for the opponents, costs to be paid by the state to the petitioner in Rs 50,000.

The Supreme Court Bench comprised Justice Shirani Tilakawardane, Justice Sathya Hettige PC and Justice Priyasath Dep PC. Petitioners Maddage Dayal Nishantha of Dewata Road, Kandegoda, Ambalangoda and Maddage Chanual Ranmith (minor) also of Ambalangoda cited the education minister, Education Ministry Secretary, Dharmashoka Vidyalaya, Ambalangoda Principal and four others as respondents.

Justice Tilakawardane in the judgment with the other two judges agreeing, stated what motivated such malicious, arbitrary and capricious action by the third respondent is a question that must be asked and must be looked into by the education director and education secretary to whom a copy of the judgment will be forwarded by the court registrar with certified copies of the judgement, The judgement also stated the court has decided this judgment from the Bench in view of the delay in granting admission to the second petitioner who has lost 12 months of schooling in the school of his choice which he had every legitimate claim to.

He has also clearly not been granted what was his due claim on merit and not accorded equal treatment as guaranteed under the constitution and the cumulative acts of the third respondent has violated the constitutional rights of the second petitioner.

In a 14 -page judgement, Justice Tilakawardane stated that the constitution creates certain rights for the public and certain rights and obligations on public officials. The doctrine of public trust and other basic values contained in the constitution and principles governing public administration , which requires inter alia, a high standard of professional ethics that must be promoted and maintained.

Furthermore, thereby efficient economic and effective use of resources must be promoted. Services must be provided impartially, fairly, equitably and without bias.

Attorneys Chrishmal Warnasuriya with Sanjaya Wilson instructed by Aparajith Ariyadasa appeared for the petitioners. Deputy Solicitor General Viraj Dayaratne with State Counsel Ashan Fernando appeared for the four respondents.