AMARATUNGAv.SIRIMAL AND OTHERS(JANA GHOSHA CASE)

Several political parties including the Sri Lanka Freedom Party decided to show their disapproval of the policies and actions of the Government on a range of issues. It was decided to harmonize their protests, nationwide by means of a 15-minute noisy cacophony of protests (Jana Ghosha): the ringing of bells, tooting of motor vehicle horns, beating of drums, banging of saucepans so that there might resound throughout the nation, a deafening din of disapproval. The petitioner, a member of the S.L.F.P. and a member of the Pradeshiya Sabha of Horana was one such participant at Ingiriya. The petitioner voiced his protest by beating a drum. When he did not heed the police order to stop beating the drum, he was assaulted and his drum broken with a rice pounder. The crowd of protesters shouted slogans against the Government and formed a cordon across the road. Tear gas and a baton charge were used to disperse the crowd.
Held:
1. The Police did not have reason to apprehend a breach of the peace. The action by the Police was simply because anti Government slogans were being shouted.
2. The petitioner's fundamental right of speech and expression was violated