The hearing of the petitions filed against the dissolution of Parliament concluded for the day while the hearing will resume tomorrow at the Supreme Court.
President’s Counsel K. Kanag-Isvaran, appearing on behalf of the Tamil National Alliance (TNA), and President’s Counsel Tilak Marapana, appearing on behalf of the United National Party (UNP), addressing the court pointed out that according to provisions in the Constitution, the President is only allowed to dissolve Parliament if four-and-a-half years has passed since the term commenced or if a motion is passed with a two-thirds majority requesting the dissolution of Parliament.
However, the parliament dissolution pertaining to this case does not fulfill any of those prerequisites and therefore is completely unconstitutional, they declared.
President’s Counsel J.C. Weliamuna, appearing on behalf of the Janatha Vimukthi Peramuna (JVP), stated that the dissolution of parliament in question was in complete violation of the 19th Amendment to the Constitution.
He said that although the Secretary to the President has submitted an affidavit to the court justifying the dissolution, the contests of the said affidavit cannot be accepted.
Meanwhile ten parliamentarians, who are also attorneys, representing the governing party including Anura Priyadharshana Yapa, Chandima Weerakkody, Lakshman Wasantha Perera, Pavithra Wanniarachchi, Sisira Jayakody, Chandrasiri Gajadeera and John Seneviratne filed a motion with the court requesting to appear as intervening petitioners in the case.
A seven-member judge bench of the Supreme Court commenced hearing on the petitions this morning (4).
Thirteen fundamental rights petitions were filed at the Supreme Court asking it to declare that the President’s order to dissolve the parliament is illegal.
The petitions have been filed by political parties including United National Party (UNP), Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA), Tamil Progressive Alliance (TPA) and the All Ceylon People’s Congress.
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 have also filed petitions.
Accordingly, the Supreme Court issued an interim order on November 13 temporarily suspending the Gazette notification issued by the President on the dissolution of Parliament.
An interim order was also issued on the Elections Commission preventing the holding of a general election.
The stay orders have been issued effective until December 7 and the petitions were fixed for argument on December 4, 5 and 6.
The court is expected to give its verdict on Friday (Dec. 7).
