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Writ against security clearance for marriage circular

19 Jan 2022

BY Sumudu Chamara A writ petition has been filed in the Court of Appeal (CoA) challenging the controversial circular issued by Registrar General W.M.M.B. Weerasekara, which requires foreign nationals intending to get married to Sri Lankan citizens to obtain a security clearance report from the Defence Ministry after presenting reports about their criminal records within the past six months and also a health-related declaration. The petition was filed by Attorney-at-Law Thishya Weragoda, who, last month, filed a petition at the Human Rights Commission of Sri Lanka (HRCSL) regarding the same. In his writ petition dated 12 January 2022, Weragoda has named Weerasekara, Defence Ministry Secretary Gen. (Retd.) Kamal Gunaratne, and Health Ministry Secretary Dr. Sanjeewa H. Munasinghe, as the first, second, and third respondents, respectively. The petitioner claimed that the purported circular is ultra vires the powers of Weerasekara in terms of the Marriage Registration Ordinance, and that the latter is not empowered by the aforesaid Ordinance to make circulars that bind the public. He also noted that the Government is obliged under both domestic and international laws, including treaties, to respect and recognise the right of persons to marry a person of their choice without interference of the State or the Government, and that it is irrational, and/or illogical, and/or arbitrary and/or unreasonable, and/or capricious to place any restriction on the ability to marry a person based on nationality and/or the criminal status and/or the health status of a person. In his petition, Weragoda requests the CoA to issue notice on the respondents, and grant and issue a writ of certiorari to quash the circular issued by Weerasekara. In addition, he requested the CoA to grant and issue a writ of prohibition against Weerasekara and/or Gunaratne and/or Munasinghe from imposing any additional requirements other than those specified in Sections 23 and/or 24 of the Marriage Registration Ordinance as a precondition for the giving of notice and/or the solemnisation of a marriage between any persons. Moreover, he requested a writ of prohibition against the three respondents from imposing any requirement of producing any “security clearance documentation” and/or obtaining a “defence clearance report” and producing any “health declaration form” for the purposes of the solemnisation and/or the registration of any marriage involving a foreign party under and in terms of the Marriage Registration Ordinance. The petitioner has further requested the CoA to grant and issue a writ of mandamus compelling Weerasekara to register any marriage concerning one or more foreign parties so long as the requirements set out in Sections 23 and/or 24 of the Ordinance are complied with. Moreover, he sought an interim order staying the operation and/or implementation and/or requiring the adherence to the circular in question. Further, the petitioner requested the CoA to grant and issue interim orders preventing Weerasekara and/or Gunaratne from requiring any person who wishes to have his/her marriage registered under the Ordinance to produce any “defence clearance report” and preventing Weerasekara and/or Dr. Munasinghe from requiring such a person to submit any “health declaration form” together with and/or as part of the formalities of submitting the notice of marriage and/or the solemnisation and/or the registration of any marriage, until the final determination of the matter.


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