Supreme Court decree on dissolution of Parliament

Following is the decree of the three-bench Supreme Court on Tuesday on the multiple FR petitions against the dissolution of the Parliament last week by President Maithripala Sirisena:

In the Supreme Court of the Democratic Socialist Republic of Sri Lanka

In the matter of an Application under and in terms of Article 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

SC.FR.No.352/2018

1. Kabir Hashim, 

156, Lake Drive,

Colombo 8.

2. Akila Virajkariyawasam,

306 (D2) Baudhhaloka Mawatha,

Colombo 7.

Petitioners

Vs.

1 (a) Attorney General,

Attorney General’s Department,

Hulftsdorp, Colombo 12.

(b) Attorney General,

Attorney General’s Department,

Hulftsdorp, Colombo 12.

Respondents

13/11/2018

Before: Nalin Perera, CJ, Priyantha Jayawardena, PC.J &, Prasanna Jayawardena, PC. J

Thilak Marapana, PC, with Ronald Perera, PC, and Suren Fernando instructed by Vidanapathirana Associates for the Petitioners.

Gomin Dayasiri for himself.

Gamini Marapana, PC, with Navin Marapana, Ganesh Dharmawardane, Kaushalya Molligoda and Uditha Wickremesinghe for the Intervenient-Petitioner.

Jayantha Jayasuriya, PC, A.G, with Dappula De Livera, PC, SG., Sanjay Rajaratnam, PC, SASG., Mrs. Indika Demuni de Silva, PC, ASG., Mrs. Farzana Jameel, PC, ASG, and Nerin Pulle, DSG. Instructed by Sepalika Tiranagaa, SASA, for the Hon. Attorney General’s Department. 

The Court has considered the submissions made on behalf of the Petitioners in SC. FR, 351/2018, SC. FR, 352/2018, SC. FR, 353/2018, SC. FR, 354/2018, SC. FR, 355/2018, SC. FR, 356/2018, SC. FR, 358/2018, SC. FR, 359/2018, SC. FR, 360/2018 and SC. FR, 361/2018.

The Court has allowed the application for intervention made by Prof. G.L. Peiris, Mr. U.P. Gammanpila, Mr. W.J.S.S. De Silva, Mr. M.A.C.S. Jayasumana and Mr. P.Dolawatte.

The Court has considered the submissions made by the Hon. Attorney General and submissions made on behalf of the Intervenient-Petitioners.

The Petitioners in all aforesaid applications are granted leave in terms of Article 12(1) of the Constitution.

The Court issues the following interim orders operative until 7th December 2018.

1) SC. FR, 351/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P1 with the petition.

2) SC. FR, 352/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P14 with the petition. 

3) SC. FR, 353/2018 – an interim order staying the operation of gazette extraordinary No. 2096/70 dated 9th Nov 2018 marked P16. The Court also issues an interim order resisting the 2nd to 4th Respondents and or their servants, subordinates and agents from acting in terms of the said gazette marked P16 dated 9.11.2018 with the petition.

4) SC. FR, 354/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P14 with the petition.

5) SC. FR, 355/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P14 with the petition. The Court also issues an interim order restraining the 2nd, 3rd and 4th Respondents and or their servants, subordinates and agents from acting in terms of the said gazette marked P14 dated 9.11.2018 with the petition.

6) SC. FR, 356/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P11 with the petition. The Court also issues an interim order restraining the 1st to 3rd Respondents and or their servants, subordinates and agents from acting in terms of the said gazette marked P11 dated 9.11.2018 with the petition.

7) SC. FR, 358/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P10 with the petition. The Court also issues an interim order restraining the 2nd to 4th Respondents and or their servants, subordinates and agents from acting in terms of the said gazette marked P10 dated 9.11.2018 with the petition.

8) SC. FR, 359/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P6 with the petition.

9) SC. FR, 360/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P1A with the petition.

10) SC. FR, 361/2018 – an interim order staying the operation of gazette extraordinary No.2096/70 dated 9th Nov 2018 marked P03 with the petition. The Court also issues an interim order restraining the 2nd, 3rd and 4th Respondents or their servants, subordinates and agents from acting in terms of the said gazette marked P03 dated 9.11.2018 with the petition.

Objections on or before 19.11.2018 with notice to all parties.

Counter Affidavits if any, on or before 26.11.208.

Written submissions on or before 30.11.2018.

Hearing on 4th, 5th and 6th December 2018.

Registrar is directed to issue certified copies of the today’s order on payment of usual charges.

Sgd.

I do hereby certify that the foregoing is true copy of the journal entry dated 13.11.2018 filed of record in SC.FR. 352/2018.