Wednesday Nov 06, 2024
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Wednesday Nov 06, 2024
Tuesday, 2 June 2020 01:14 - - {{hitsCtrl.values.hits}}
The five-member bench of the Supreme Court will give an Order this afternoon on Leave to Proceed as well as interim relief sought by petitioners in the Fundamental Rights petitions filed challenging the Gazette dissolving Parliament by President Gotabaya Rajapaksa and the Gazette issued by the Election Commission on the date of the Parliamentary Election. Chief Justice (CJ) Jayantha Jayasuriya said the Order will be announced at 3 p.m. this afternoon.
The CJ’s announcement came after hearing into preliminary submissions by both counsel for the petitioners as well as intervenient petitioners concluded last evening after ten days.
The five-member Supreme Court Bench comprises Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluwihare, Sisira de Abrew, Priyantha Jayawardena, and Vijith Malalgoda.
President’s Counsel M.A. Sumanthiran who wrapped up submissions for the petitioners said that as of today, it is three months since President Rajapaksa issued the Gazette notification dissolving Parliament on 2 March and hence the Gazette will lapse by midnight today. He said as a new Parliament has not been able to convene within the three-month period, the Gazette notification will no longer be valid.
He said that the dissolution only meant it was the end of the term of serving MPs, but it does not mean Parliament is dead.
He submitted to Court that Fundamental Rights petitions are an essential feature in a democracy and help to strengthen the democracy in a country. He said it is not for the SC to decide if the country is free of COVID-19 or not but to ensure that the law is upheld.
President’s Counsel Saliya Pieris who appeared for the Election Commission Chairman Mahinda Deshapriya and its member Nalin Abeysekera rejected allegations levelled at the EC by the intervenient petitioners that it is deliberately postponing the poll.
Pieris said that the EC had made the decision to postpone the poll on the advice of health authorities and are now awaiting the guidelines being prepared by the Minister of Health for conducting the election amidst COVID-19. He said that while there were differences of opinion among the EC members, this was not impacting the work of the Commission and requested the Court to refrain from issuing an Order to the EC as it is an independent body.
Attorneys Ikram Mohammed PC, Viran Corea and Suren Fernando who appeared for the petitioners also made submissions.
The petitioners include journalist Victor Ivan, Centre for Policy Alternatives (CPA), Samagi Jan Balavegaya (SBJ) and four others. (CK)
