SC rejects former CJ’S FR petition

Enactment of PC Amendment Bill:

The Supreme Court yesterday rejected the fundamental rights petition filed by former Chief Justice Sarath N. Silva challenging the enactment of the Provincial Council Elections Amendment Bill.

The Bench comprised Chief Justice Priyasath Dep, Justices Buwaneka Aluvihara and Nalin Perera.

Petitioner Sarath N. Silva had said the Bill should have been Gazetted and it should be in the public domain. He also submitted that the Supreme Court made its determination of the 20th Amendment and pronounced that certain provisions in the said Bill were inconsistent with the Constitution and if it was to be enacted, it should be passed by 2/3 majority of the Parliament.

He said the Government conveniently ignored the said Bill and inserted the Clauses in another Amendment Bill for Provincial Councils.

He complained that in the proposed original Bill for 30 percent of Female candidates in the nomination list, one page was removed and 21 new Clauses were inserted. He claimed that as such it was a new Bill and needed to be published in the gazette as a new Bill for people who are the depository of franchise and legislative power.

Additional Solicitor General Sanjay Rajaratnam appearing for the Attorney General and the Elections Commissioner raised three preliminary objections on the maintainability of Sarath N. Silva’s fundamental rights on the ground of suppression of material facts, no jurisdiction and Parliamentary Powers and Privileges Act.