SC HEARS FR PETITIONS AGAINST DISSOLUTION
■hearings to resume today for AG and Intervenient Petitioners submissions ■petitioners Seek Interim Relief Staying Dissolution
Ten petitions filed against the dissolution of Parliament were heard on Monday by a three judge bench of the Supreme Court.
K. Kanag Iswaran PC told court that the proclamation of the
President had missed the “elephant in the constitution’ which was Article 70 (1).
K. Kanag Iswaran appearing for the leader of the Tamil National Alliance R. Sampanthan said the actions of the President were illegal.
The Bench comprised Chief Justice Nalin Perera, Justices Priyantha Jayawardane and Prasanna S. Jayawardena.
President’s Counsel
Kanag Iswaran continuing his submission stated that the President is empowered under
Article 33(2) (c) of the Constitution to summon, prorogue or dissolve Parliament.
But Article 70 (1) prescribes the Procedure to do so. It describes of who, how and when can be made the proclamation, he said.
The present tenure of Parliament ends on 11th September 2020 unless dissolved earlier, he underlined and emphasized that the procedure for dissolution of Parliament under Article 70(1) must be complied with.
The petitioner is seeking an Interim Order from the Court to suspend the operation of the proclamation dissolving the Parliament and a declaration that proclamation of dissolving Parliament infringes the fundamental rights.
He is asking the Court for a declaration that the decisions and/or directions in the proclamation are null and void ab initio (ineffective from the beginning) and of no force or effect in law.
Similar petitions were filed by Kabir Hashim and Akila Viraj Kariyawasam of the UNP, Lal Wijenayeke of the United Left Front, CPA, Member of the Election Commission Prof. Ratnajeevan. H. Hoole, Attorney-at-law G.C.T. Perera, Sri Lanka Muslim Congress, All Ceylon Makkal Congress and Mano Ganesan MP.
K.kanag Iswaran PC, Thilak Marapana PC, Dr Jayampathi Wickremaratne PC, M.a.sumanthiran PC. Viran Corea, Ikram Mohamed PC, J.c.weliamuna PC, Ronald Perera PC, Hisbullah Hijaz and Suren Fernando appeared for the petitioners.
Gamini Marapane PC with Nalin Marapane, Sanjeeva Jayawardane PC and Ali Sabry PC appeared for the intervenient petitioners who opposed the main petitions.