No authority for SC to hear petitions on President’s order – AG

No authority for SC to hear petitions on President’s order – AG

December 5, 2018   10:50 am

Attorney General has commenced making submissions before the Supreme Court over the petition against the dissolution of the Parliament.

Accordingly, he has stated that the Supreme Court does not have the legal authority to hear the petitions against the dissolution of the Parliament.

Attorney General stated that the fundamental rights petitions filed against the dissolution of the Parliament charge that President Maithripala Sirisena has violated the Constitution of the country.

Presenting submissions further, he said that Article 38 (2) of the Constitution has clearly mentioned the actions that should be taken at a situation in which the President has violated the Constitution.

In accordance with the relevant Article of the Constitution, if the President has intentionally violated the Constitution, a resolution should be passed by not less than two-thirds of the whole number of Members voting in its favour and the allegations contained in the relevant resolution should then be referred by the Speaker to the Supreme Court for inquiry and report, the Attorney General said.

Stating that, the Supreme Court should subsequently conduct a hearing on the allegations charged against the President and submit a report to the Speaker of the Parliament in that regard, the Attorney General pointed out the incapability of filing fundamental rights petitions challenging the President’s orders in this manner.

Had the President violated the Constitution of the country, his actions can be challenged only at the Parliament, the Attorney General has pointed out further.

Reportedly, the hearing of the petitions against the dissolution of the Parliament is still ongoing.

The petitions filed against the dissolution of the Parliament was taken up before the Supreme Court today (05) for the second consecutive day before the seven-judge bench consisting of Supreme Court Justices consisting of Chief Justice Nalin Perera, Priyantha Jayawardena, Prasanna Jayawardena, Sisira de Abrew, Vijith Malalgoda, Buwaneka Aluwihare and Murdu Fernando.

The relevant petitions have been filed by several political parties including the United National Party (UNP), Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA), Tamil Progressive Alliance (TPA) and the All Ceylon People’s Congress and organisations and activists such as the Centre for Policy Alternatives (CPA), Attorney Aruna Laksiri and also a member of Elections Commission Prof. S. R. H. Hoole.

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