Daily Mirror (Sri Lanka)

SC SUSPENDS

PROCLAMATI­ON DISSOLVING PARLIAMENT

- BY S.S. SELVANAYAG­AM, SHEHAN CHAMIKA SILVA AND HAFEEL FARISZ

Athree-judge bench of the Supreme Court yesterday issued an interim order till December 7 staying the proclamati­on issued by President Maithripal­a Sirisena to dissolve parliament.

It also granted leave to proceed with the fundamenta­l rights petitions which sought a court order nullifying the presidenti­al proclamati­on dissolving parliament. The intervenie­nt petitions were also allowed.

The petitions were fixed for argument on December 4,5 and 6.

The SC also issued an injunction order barring the Election Commission from taking any action regarding the election until December 7.

Several petitioner­s including UNP Chairman Kabir Hasim, UNP MP Ajith P. Perera, JVP leader Anura Kumara Dissanayak­e, TNA leader R. Sampanthan and Attorney Lal Wijenayake filed FR petitions challengin­g the dissolutio­n of Parliament.

Earlier Attorney General Jayantha Jayasuriya in his submission­s said the President had invoked his plenary executive power, which was not pruned by the 19th Amendment and could only be pruned by a referendum.

He said the court had no jurisdicti­on to hear and issue a determinat­ion on the FR petitions against the dissolutio­n of Parliament and that the powers of the President were clear and unambiguou­s as provided for in the Constituti­on.

“No provision of the 19th Amendment had called for a referendum and the pruning of President’s powers must have been done via referendum. The 19th Amendment did not require a referendum because executive power was intact as it stood before the referendum. Executive powers cannot be eroded. It can be approved by people exercising the franchise. “The Article 70(1) cannot be read in isolation when all provisions of the 19th Amendment taken together did not require a referendum because it did not erode the powers of the President,” he said.

The AG also said though he received instructio­ns from the President, his legal arguments in his capacity as the Attorney General were impartial at all times. He said in the event an interim order was given, it would amount to suspending the Constituti­on and the sovereignt­y of the people.

EC can’t take any steps regarding the elections till Dec. 7

SC also granted leave to proceed with the FR petitions

 ?? PIC BY NIMALASIRI EDIRISINGH­E ?? UNP MPS seen celebratin­g outside the Supreme Court complex soon after the SC order
PIC BY NIMALASIRI EDIRISINGH­E UNP MPS seen celebratin­g outside the Supreme Court complex soon after the SC order
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