Arrests can be made without a charge being pressed under the Public Security Act on the condition of a state of emergency being imposed for the Public Security Act will come forward, overriding all the laws and regulations of the country in such a state, said Senior Advocate Prof. Prathiba Mahanamahewa.
However, the Public Security Act has no capacity of overriding the Fundamental Rights Chapter of the Constitution 1978, Mahanamahewa emphasised, speaking to a briefing held in Colombo today (02). Accordingly, the people’s Right to Speech, Right to Assembly and Right to Protest are protected despite a state of emergency being imposed, he added.
Although the Police and the Military are capable of making arrests without pressing charges on the condition of a state of emergency, any person arrested without a warrant or a charge is protected from being tortured under the Constitution, he further noted.
MIAP
