SC grants leave to proceed in BASL fundamental rights case on ragging death

The Supreme Court has granted leave to proceed in the Fundamental Rights application filed by the Bar Association of Sri Lanka (BASL) over the suicide of Charith Dilshan, a second-year student of the Faculty of Technology, Sabaragamuwa University (SUSL), who died after enduring severe ragging on or around 26 April.

The matter was supported before a bench comprising Justices Yasantha Kodagoda, PC and Janak de Silva. The application, filed by BASL President Rajeev Amarasuriya and Secretary Chathura Galhena, was presented by Counsel Senany Dayaratne. The Court also heard the connected application SC/FR/147/2025 filed by the parents of Charith Dilshan, supported by Avindra Rodrigo, PC with Tharushi Jayarathne.

After considering submissions, the Court granted leave to proceed against all Respondents on the basis that a prima facie violation of Article 12(1) of the Constitution had been established.

The Court also issued a series of interim orders. These include directions to the University Grants Commission (UGC), the UGC Chairman, the Education, Higher Education and Vocational Education Minister, and the Secretary to the Ministry to submit reports, analysis, information and data on incidents of ragging in state educational institutions coming under their purview, including disciplinary action taken since the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 came into effect.

The Court further directed the Inspector General of Police (IGP) and the Attorney General to report on prosecutions pending or concluded under the same Act.

Sabaragamuwa University authorities, including the Vice Chancellor, Deans, Council members, senior administrative officers, the Chief Security Officer, Marshals, and discipline officers, were ordered to submit reports on steps taken to prevent or sanction ragging at SUSL under both the 1998 Act and UGC Circular No. 919 of 15 January 2010, together with official records of Council decisions and consequential actions.

Additional orders require reports on disciplinary action taken regarding ragging incidents, and directives to several Ministries and officials to operationalise in full the existing rules, regulations, and guidelines intended to enforce provisions of the 1998 Act.

The National Authority for the Protection of Victims of Crime and Witnesses was directed to ensure the protection and promotion of the rights and entitlements of students victimised by ragging and witnesses to such incidents.

The Court also ordered the Police, Criminal Investigation Department (CID), and University authorities to station security officers within SUSL hostels—specifically the ‘Sinharaja’ hostel—until final determination of the application, and to report to Court any incidents of ragging within university premises, hostels, canteens, gymnasiums, and other common areas. A further direction was issued to ensure that no reprisals are taken against students who made complaints or provided statements.

The Court also called for reports on the findings of the ongoing investigation into the incident that led to the death of Charith Dilshan.

Counsel Senany Dayaratne appeared for the BASL President and Secretary, assisted by Sankhitha Gunaratne, Harith de Mel, Nishadi Wickramasinghe, Rachika Palihawadana, Susitha Dangahadeniya, Gangulali Dayarathna, Minul Muhandiramge, Janani Abeywickrema, and Maheshika Bandara, instructed by Senior Instructing Attorney-at-Law G. G. Arulpragasam.