The Supreme Court yesterday commenced hearing into a Special Determination petition filed challenging the constitutionality of the Bill titled “Coronavirus Disease 2019 (COVID-19) (Temporary Provisions).”
The Supreme Court three-judge-bench comprising Justices Murdu Fernando,Yasantha Kodagoda and A.H.M.D. Nawaz fixed the petition for further hearing today (18).
Attorney Aruna Laksiri had filed this petition seeking a declaration that certain clauses of the Bill require the approval by people at a referendum and require a two-thirds majority in Parliament.
Senior Deputy Solicitor General Nerin Pulle appearing for the Attorney General yesterday informed court that the government intends to introduce certain amendments to the proposed Bill at the Committee Stage in Parliament.
The petitioner stated that the Bill titled “Coronavirus Disease 2019 (Covid-19) (Temporary Provisions)” was published in a gazette notification issued on May 20, 2021 and has been placed on the Order Paper of Parliament on June 8, 2021.
Laksiri had filed this Special Determination petition in terms of Article 121 of the Constitution claiming that powers have been incorrectly concentrated to the Minister in certain instances, despite the fact that the Bill is critically important in the current scenario.
The petitioner said Section 3 and section 11 of the Bill are contrary to Articles 3, 4 (d), 12(1) and 106 of the Constitution.The petitioner said the provision of the Bill under Section 3.1 to assign alternative courts where a court cannot function due to Covid-19 circumstances is contrary to the Constitution.
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