Kandy lawyer files FR petition over Ditwah response failures

Wednesday, 31 December 2025 00:04 - - {{hitsCtrl.values.hits}}

President Anura Kumara Dissanayake

Kandy-based Attorney-at-Law Keerthi Bandara Kiridena has filed a Fundamental Rights application before the Supreme Court of Sri Lanka, alleging that lapses by the President, the Cabinet of Ministers and several State institutions exacerbated the impact of Cyclonic Storm Ditwah despite advance warnings of the disaster.

The petition names President Anura Kumara Dissanayake, the Cabinet of Ministers, the National Council for Disaster Management and other relevant authorities as respondents. In terms of Article 35 of the Constitution, the Attorney General’s Department has been cited as the first respondent in relation to alleged violations attributed to the President acting in his official capacity.

Kiridena states that the President serves as Chairman of the National Council for Disaster Management, which has also been named in the proceedings. The Cabinet, including Prime Minister Harini Amarasuriya, has likewise been cited as respondents.

According to the application, the petitioner’s professional chambers at the Kandy Lawyers’ Complex, located near the Kandy Court Complex, were completely inundated due to flooding triggered by the cyclone. He says the damage resulted in the total loss of his computer systems and legal database, which he describes as essential to the discharge of his professional responsibilities.

The petition argues that the conduct of the respondents reflects a failure to discharge statutory and constitutional obligations relating to disaster preparedness and mitigation. It alleges that authorities did not take timely preventive measures, including the controlled pre-release of water from major reservoirs such as Kotmale, despite receiving early warnings of the cyclone.

Kiridena further contends that the Mahaweli River overflowed after spill gates at the Victoria Reservoir were kept closed for an extended period, contrary to established disaster-management protocols. The subsequent release of water is alleged to have caused extensive flooding in areas including Galaha, Peradeniya and Kandy, damaging both public and private property, notably the Kandy Court Complex and the University of Peradeniya.

Through the application, the petitioner seeks a declaration that his Fundamental Rights under the Constitution were infringed due to the respondents’ failure to act with due care, foresight and coordination in responding to the impending natural disaster.