MP, President’s Sec. file petitions against ex-CJ’s petition

Published : 9:05 am  October 9, 2017 | No comments so far |  | 

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Local Government Amendments

 

  • MP says ex CJ’s petition violates Parliament Privileges

 

By .S. S. Selvanayagam  

Parliamentarian of main Opposition Tamil National Alliance M.A. Sumanthiran has filed an intervenient petition against the Fundamental Rights petition filed by former Chief Justice challenging the Provincial Council Elections Amendment Bill.  

 

M. A. Sumanthiran PC says that it will be wrong if former Chief Justice Sarath N. Silva’s FR petition is entertained or heard by the Supreme Court.   


He says it will violate his rights as a Member of Parliament and those under the Parliament (Powers and Privileges) Act.  


Petitioner Sumanthiran claims the Supreme Court has no jurisdiction to hear or to determine the said application in as much as following:  


(a) PC Elections (Amendment) Act was certified by the Speaker on 22nd September 2017;  

(b) Ex-Chief Justice’s said application has been made contrary to the provisions of the Constitution and the laws of the Republic;  

(c) The said application cannot be entertained in view of the provisions of the Parliament (Powers and Privileges) Act read with Article 67 of the Constitution and  

(d) The said application cannot be entertained in view of the provisions of Article 80(3) of the Constitution.  

Meanwhile, Coordinating Secretary to President Maithripala Sirisena in his Intervenient Petition claims that the said Bill was certified by the Speaker and is now law in terms of Article 80 (1) of the Constitution.  

 

Claims the Supreme Court has no jurisdiction to hear or to determine 


Intervenient Petitioner Rajika Kodithuwakku who is the organiser of SLFP to Kotte electorate contends that the Ex Chief Justice’s application is misconceived in law and that the matters are not administrative and/or executive acts.  


He laments that the former Chief Justice is attempting to move the Supreme Court to invalidate and/or render ineffective, a law which has been passed by Parliament.  

 

Coordinating Secretary to President Maithripala Sirisena in his Intervenient Petition claims that the said Bill was certified by the Speaker and is now law in terms of Article 80 (1) of the Constitution.


He pleads the Court to reject in limine the Fundamental Rights petition filed by former Chief Justice Sarath N. Silva, which is listed for today (Monday) before the Bench comprising Chief Justice Priyasath Dep, Justices B. P. Aluvihara and Nalin Perera for granting of leave to proceed. 

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