Third-term case: BASL chief insists on oral submissions

The Bar Association of Sri Lanka (BASL) yesterday reiterated that the Supreme Court should entertain oral hearing in the determination of the opinion sought by President Mahinda Rajapaksa on his eligibility to call for a presidential election after four years in his second term and contest for a third term.

BASL President Upul Jayasuriya told the Sunday Times that they were yet to receive a response to their plea to the Supreme Court on Friday morning.

“The tradition has been that when an opinion has been sought it has always been an oral hearing. We expect that this tradition will be maintained,” Mr. Jayasuriya said.

The BASL’s call for oral submissions came after Supreme Court Registrar M.M. Jayasekara on Wednesday requested the BASL to inform its membership to submit written submissions in respect of the opinions sought. The deadline given was Friday 3 p.m.

The Sunday Times learns that some 35 submissions, both in favour and against had been submitted for consideration.

The BASL refrained from submitting its submissions and pointed out that the Supreme Court could seek an extension on delivering its opinion.

Mr Jayasuriya pointed out that the incumbent president had two years left of his second term in office and, therefore, there was no urgency regarding the matter.

President Rajapaksa had sought an opinion before November 10.

"The BASL, too, has identified its national importance and obtained an opinion from an internationally acclaimed Constitutional Expert of Sri Lankan origin, Prof. Suri Ratnapala. It has been overwhelmingly concurred by the EXCO of the BASL and by a group of eminent persons including nationally preeminent academics in law at a public forum.

“In view of the Constitutional and public importance in the name of maintenance of democratic values, it is essential that members of the public, and especially the Bar Association of Sri Lanka, which represents over 14,000 Attorneys-at-law, being concerned about matters of Constitutional importance, be granted an oral hearing,” the BASL letter to the Supreme court said. (Please see related article on

ST2 Page 6).