Do not undertake supportive role: Prelate tells AG

Efforts to seek advisory opinion on presidential tenure

In response to purported attempts by President Maithripala Sirisena to seek an advisory opinion from the Supreme Court (SC) as to when his term would end, prominent Buddhist monk Ven. Elle Gunawansa Thera requested Attorney General Dappula de Livera not to undertake any supportive role in respect of such reference by the executive.

Ven. Gunawansa Thera wrote to the Attorney General in this regard: “I understand that a reference is likely to be made in terms of Article 129 of the Constitution invoking the consultative jurisdiction of the Supreme Court. This is in connection with a provision of the Constitution which is crystal clear and admits of no doubt whatsoever. article 129 is intended to be used only for the interpretation of provisions which are ambiguous. In the absence of two competing views, both of which appear supportable, resort to Article 129 is an abuse of discretion. “Moreover, the question at issue has already been dealt with in unanimous determination by five judges of the Supreme Court. It serves no useful purpose to revisit the matter, establishing an entirely unsound precedent and wasting the valuable time of the court. I would stress that all public powers are in the nature of trust to be applied at all times in pursuit of the public good. To depart from this essential principle is to erode the confidence of the public at large. Judicial time is precious and litigants have to wait not for years but often for decades to have justice administered.”