Dec 08, 2018

Nation Awaits Judgement Day

The Supreme Court yesterday concluded the hearing of multiple Fundamental Rights petitions against the move to dissolve the Parliament by President Maithripala Sirisena as well as several intervening petitions, and extended the Interim Order against the Executive action till the judgment is delivered, the Daily FT reported.

The seven-member Supreme Court Bench, over the past four days, listened to submissions connected to the 10 Fundamental Rights petitions against Sirisena’s move as well as eight intervening petitions.

“Judgment was reserved with date to be notified to Counsels later,” legal sources had told the Daily FT. Pending the delivery of judgment, the Interim Order against President Sirisena’s move was extended.

Previously, the Interim Order was originally issued until 7 December and on Thursday, it was extended till Friday.

The Supreme Court Bench comprised of Chief Justice Nalin Perera, Justices Buwaneka Aluwihare, Sisira J. de Abrew, Priyantha Jayawardena, Prasanna S. Jayawardena, Vijith K. Malalgoda, and Murdu Fernando.

The 10 Fundamental Rights petitions were after the President moved to dissolve Parliament on 9 November following instability after he, on 26 October, removed the sitting Prime Minister Ranil Wickremesinghe and appointed nemesis Mahinda Rajapaksa instead. Following litigation by MPs, political parties and civil society, a three-member Supreme Court Bench, on 13 November, issued a Stay Order against the Gazette dissolving Parliament.

There were 10 Fundamental Rights petitions filed against the declaration of dissolution of Parliament by the President. Five sought to intervene to counter the main petitions.

The petitions seek a declaration that the proclamation of dissolving Parliament infringes upon the Fundamental Rights.

They ask the Court for a declaration that the decisions and/or directions in the proclamation are null and void ab initio (ineffective from the beginning) and of no force or effect in law.

The petitions were filed by Kabir Hashim and Akila Viraj Kariyawasam of UNP, Lal Wijenayake of United Left Front, CPA, Member of the Election Commission Prof. Ratnajeevan H. Hoole, Attorney-at-Law G. C. T. Perera, Sri Lanka Muslim Congress, All Ceylon Makkal Congress, MP Mano Ganesan.

K. Kanag Iswaran PC, Thilak Marapana PC, Dr. Jayampathi Wickremaratne PC, M. A. Sumanthiran PC, Viran Corea, Ikram Mohamed PC, J. C. Weliamuna PC, Ronald Perera PC, Hisbullah Hijaz, and Suren Fernando appeared for the Petitioners.

Gamini Marapane PC with Nalin Marapane, Sanjeeva Jayawardane PC, and Ali Sabry PC appeared for the intervenient Petitioners opposing the main petitions.

Source Daily FT