Motion on PM Secy not sub judice: Speaker

Friday, 30 November 2018 00:00 - - {{hitsCtrl.values.hits}}

The parliamentary debate on the resolution limiting access by the Prime Minister’s Secretary to public funds could not be considered sub judice although legal proceedings have been initiated on the matter before the Court of Appeal, Speaker Karu Jayasuriya ruled yesterday.

Notifying lawmakers of his decision to allow the main business of the House, Speaker Jayasuriya held: “In any event, the proceedings in the Court of Appeal are not in the nature of a trial before an original court and I am of the view that no real and substantial danger or prejudice would be caused to the outcome of those proceedings by this House debating this motion.”

The sub judice rule is part of the law relating to contempt of court. The rule governs what public statements can be made about ongoing legal proceedings before, principally, the courts.

According to the Speaker, there are no case pending relating to the payment of expenses in the Prime Minister’s Office and he has been convinced so after having consulted expert constitutional lawyers who proposed that the motion did not fall within the purview of Article 152 of the Constitution. “Therefore, as such, I permit this motion to be debated in the House today,” he said.

Explaining the background to his notice, Speaker Jayasuriya also held that a delegation led by UPFA MP Dinesh Gunawardena raised an issue about the motion saying it was as sub judice.

“I have already explained my position on the matter, that especially the matter before the House today is not about any Minister, State Minister or Deputy Minister, but with regard to the Secretary to the Prime Minister,” said the Speaker.

“This House has already adopted motions of no confidence against the Government, and the adoption of such a resolution or motion of no confidence cannot be challenged or disputed in any other forum. The motion before the House today is a matter which arises consequent to the adoption of the no confidence motion. What is sought to be debated today is not the matter under consideration by the Court of Appeal. As such, there is no impediment to this motion being debated in the House,” added Speaker Jayasuriya. (AH)