Fuller Bench of seven SC judges to hear FR against dissolution of Parliament

The Chief Justice yesterday  nominated a fuller Bench, comprising seven judges of the Supreme Court, to hear the 10 Fundamental Rights petitions filed against the Declaration of Dissolution of Parliament by President Maithripala Sirisena on 4, 5 and 6 December.

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

There were 10 Fundamental Rights petitions filed against the Declaration of Dissolution of Parliament by President Sirisena. Three sought to intervene to counter the main petitions. After hearing the petitions, the Supreme Court Bench, comprising Chief Justice Nalin Perera and Justices Priyantha Jayawardane and Prasanna S. Jayawardena, granted leave to proceed on 13 November, and also issued Interim Orders effective till 7 December, staying the operation of the proclamation of dissolving Parliament by President Sirisena and the holding of elections.

Petitioners are seeking a declaration that President Sirisena’s proclamation of dissolving Parliament infringes on fundamental rights.

They are asking 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, and 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, HejazHisbullah, and Suren Fernando appeared for the petitioners.

Gamini Marapana PC with Nalin Marapana, Sanjeeva Jayawardane PC, and Ali Sabry PC, appeared for the intervenient petitioners, who oppose the main petitions. (SS)