Rupavahini petitions fixed for next June 10 | Daily News


 

SC makes no interim stay order

Rupavahini petitions fixed for next June 10

The Supreme Court yesterday granted leave to proceed with the two Fundamental Rights petitions filed challenging the operation of Gazette notification which brought the Sri Lanka Rupavahini Corporation (SLRC) under the purview of Defence Ministry.

A Supreme Court three-judge bench comprising Justices Buwaneka Aluwihare, L.T.B. Dehideniya and Murdu Fernando made this order pursuant to two Fundamental Rights petitions filed against the bringing SLRC under the Defence Ministry were taken up for delivery of order.

Accordingly, the petitions were fixed for argument on June 10 next year.

These petitions had been filed seeking an interim order suspending the operation of the gazette notification and directing that the President shall exercise no power of functions with regard to the SLRC. However, the court did not issue an interim order and matter for argument.

Parliamentarian Ashu Marasinghe, Ven. Dambara Amila Thera and Prof. Chandraguptha Thenuwara filed this petition naming the President and the Attorney General as respondents.

The petitioners further sought a declaration that the President’s decision to bring the SLRC under the Defence Ministry has violated the fundamental rights guaranteed to the petitioners by Article 12(1) of the Constitution.

On September 9, 2019, the President, by Gazette Extraordinary No.2140/2, brought the SLRC under the purview of the Defence Ministry. This gazette notification was issued to remove the SLRC from the purview of the non-Cabinet State Media Minister. The petitioners further stated that the only subjects and functions which can be assigned to the incumbent President are the Defence, Mahaweli Development and Environment Ministries.

They further stated that subjects and functions other than that of Defence, Mahaweli Development and Environment cannot be assigned to the President.

The petitioners stated that in terms of Articles 43 and 44 of the Constitution, subjects and functions can only be assigned to Cabinet Ministers.

The Attorney General had maintained that the President has discretionary powers to determine the subjects and functions relevant to his Ministries including the Ministry of Defence, Mahaweli Development and Environment. The Attorney General further maintained President’s decision to bring the Sri Lanka Rupavahini Corporation (SLRC) under the purview of Defence Ministry is constitutional.

President’s Counsel Sanjeewa Jayawardena with Counsel Suren Fernando counsel Dilumi de Alwis and Lakmini Warusevitane appeared for the petitioners. Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Awanthi Perera appeared for the respondents.

********************************************************

SC nods with FR challenging takeover of SLRC (14:29)

The Supreme Court today granted leave to proceed with the Fundamental Rights petition filed challenging the operation of gazette notification which brought the Sri Lanka Rupavahini Corporation (SLRC) under the purview of Defence Ministry.  

Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, L.T.B. Dehideniya and Murdu Fernando made this order pursuant to two Fundamental Rights petition filed against the bringing SLRC under the Defence Ministry were taken up for delivery of order.

Accordingly, the petition was fixed for argument on June 10 next year.


Visit Kapruka.com Sri Lanka's Largest online shop. Over 125,000 unique categories such as Fresh Flowers, Cakes, Food, Jewllery, Childrens Toys and other Sri Lankan e-commerce categories. Low delivery cost to most cities here and free delivery in Colombo.

 

Add new comment