Colombo District SLFP organiser Attorney-at-law Rajika Kodithuwakku and TNA Parliamentarian M. Sumanthiran PC yesterday filed two intervention petitions seeking Supreme Court’s jurisdiction to dismiss (in limine) the Fundamental Rights petition filed by former Chief Justice Sarath N. Silva who challenged the enactment procedure of the Provincial Council Election Bill.
On September 28, former Chief Justice Sarath N. Silva filed a Fundamental Rights petition at the Supreme Court seeking an Interim Order by way of a direction that the amendments purported to be made to the Provincial Council Election Bill at the Committee Stage of Parliament on September 20 shall not be operative till the final determination of this petition.
In his intervention petition, Attorney-at-Law Rajika Kodituwakku stated that the application of the former Chief Justice which he claims to be a Fundamental Rights application, is misconceived in law, in that the matters he complains of are not administrative or executive acts in terms of Articles 17 and 126 of the Constitution.
The Intervenient-Petitioner states that former Chief Justice Sarath N. Silva by the relief he is seeking, is attempting to move the Supreme Court to invalidate or render ineffective, a law which has been passed by Parliament, in violation of the provisions of the Constitution.
The Intervenient-Petitioner states that in accordance with Article 80 (3) of the Constitution, “where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of such Act on any ground whatsoever,” and as such Court does not have jurisdiction to entertain in any manner whatsoever the purported Fundamental Rights Application of the former Chief Justice.
The Intervenient-Petitioner states by this application the former Chief Justice is questioning the validity of the Provincial Councils Elections (Amendment) Act, No. 17 of 2017 which has been duly passed by the Parliament exercising the legislative power of the people including the Intervenient-Petitioner. This petition had been filed through counsel Manjula Balasooriya.
The Fundamental Right petition filed by former Chief Justice Sarath N.Silva is to be taken up for support on October 9.
Add new comment