SC refuses Leave to Proceed with rights petition

The Supreme Court yesterday (01) refused to grant leave to proceed with the Fundamental Rights petition challenging the political parties which smack of racial or religious intonations. The bench comprised Justices Eva Wanasundera, K.t.chitrasiri and Prasanna S. Jayawardane.

Petitioner Prasantha Lal De Alwis, who himself is a President’s Counsel, in his petition faults 20 registered political parties.

He cited Elections Commissioner, the Attorney General as well as the party Secretaries of these political parties. Petitioner himself appeared for him. M.A. Sumanthiran with Viran Corea and Niran Anketel instructed by Mohan Balendra appeared for the ITAK.

K.s.ratnavale appeared for the Tamil Congress. Anita Perera appeared for CWC. Deputy Solicitor General Demuni de Silva with State Counsel Dr Avanti Perera appeared for the Attorney General.

Deputy Solicitor General, M.A. Sumanthiran and Anita Perera raised preliminary objections on the maintainability of the Petition.

Counsel Sumanthiran raised objections on the basis of time bar and defective Affidavit of the petitioner.

He cited the judgment of the Supreme Court on Special Determination in SD 346/2009. He submitted that Parliament tried to prohibit parties on race and the ethnicity and the court disallowed it because it would violate the rights of the different communities in Sri Lanka.

Petitioner stated there were 64 recognised political parties. He assailed these 20 political parties could be categorised as political parties based on race and religion. He asked court to issue a mandatory order compelling the Elections Commissioner to cancel such parties after expiration of four years unless they amend and change their racial and /or religious objectives and/or character and/or the name.