Former CJ’s FR petition dismissed | Daily News

Former CJ’s FR petition dismissed

The Supreme Court yesterday refused to grant leave to proceed with a Fundamental Rights petition filed by former Chief Justice Sarath N. Silva challenging the enactment procedure of the Provincial Council Election Bill.

By a majority of 2:1, a three-judge-bench of Supreme Court made this after upholding the preliminary objections raised against the Fundamental Rights petition by respondent parties.

The Supreme Court bench comprised Chief Justice Priyasath Dep, Justice Buvaneka Aluvihare and Justice Nalin Perera.

On October 9 last year, the Attorney General had raised preliminary objections seeking Supreme Court’s jurisdiction to dismiss (in limine) the Fundamental Rights petition filed by former Chief Justice Sarath N. Silva.

Senior Additional Solicitor General Sanjay Rajaratnam appearing on behalf of the Attorney General had informed the Supreme Court that Court does not have a jurisdiction to hear this petition in terms of Article 124 of the Constitution since it challenges the legislative process of the country.

Article 124 of the Constitution says, ‘No court or tribunal created and established for the administration of justice, or other institution, person or body of persons shall in relation to any Bill, have power or jurisdiction to inquire into, or pronounce upon, the constitutionality of such Bill or its due compliance with the legislative process, on any ground whatsoever’.

ASG Rajaratnam further stated that former Chief Justice Sarath N. Silva cannot invoke Supreme Court’s jurisdiction through FR petition in accordance with the Section 3 of the Parliament Powers and Privileges Act. The relevant section says; ‘There shall be freedom of speech, debate and proceeding in Parliament and such freedom of speech, debate or proceedings shall not be liable to be impeached or questioned in any court or place out of Parliament’.

ASG Rajaratnam stated that 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 Parliament exercising the legislative power of the people.

The Attorney General further raised preliminary objections against the Fundamental Rights petition filed the former Chief Justice for non-disclose of the material facts of the petition.

ASG Rajaratnam stated that the endorsement certificate pertaining to the Provincial Council Election Bill, which was certified on September 22 by the Speaker, had not been produced by in Court.

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. Sarath N. Silva PC served as the 41st Chief Justice of the Supreme Court of Sri Lanka (1999-2009).

The petitioner cited Speaker Karu Jayasuriya, Attorney General Jayantha Jayasuriya and Chairman and members of the Election Commission as respondents.

In his petition, former Chief Justice further sought a declaration that the Fundamental Rights of the petitioner guaranteed by article 12(1) of the Constitution has been infringed or is likely to be infringed by the executive or administrative actions of respondents.


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