This is the thousand dollar question asked by many intellectuals on Sarath N Silva’s petition. More than two people including a parliamentarian cum Lawyer have filed intervenient petitions against the fundamental rights petition filed by former Chief Justice challenging the enactment of the Provincial Council Elections Amendment Bill.
One of the petitioners Parliamentarian M.A. Sumanthiran PC stated , that if it is heard by the Supreme Court , it would violate his rights as a Member of Parliament and those under and in terms of the Parliament (Powers and Privileges) Act.He claims the Supreme Court has no jurisdiction to hear or to determine the said application in as much as the following:
(a) The PC elections (Amendment) Act was certified by the Speaker on 22 September2017
(b) The Ex-Chief Justice said an application has been made contrary to the provisions of the Constitution
and the laws of the republic.
(c) The said application cannot be entertained in view of the provisions of the Parliament (Powers and
Privileges) Act read with Article 67 of the Constitution
(d) The said application cannot be entertained in view of the provisions of Article 80(3) of the Constitution.
In the meantime the other petitioner, Coordinating Secretary to President Maithripala Sirisena in his Intervenient Petition claims, that the said Bill was certified by the Speaker and is now law in terms of Article 80(1) of the Constitution.
The third, intervenient Petitioner Rajika Kodithuwakku, who is the organiser of the SLFP in the Kotte electorate, contends that the Ex-Chief Justice’s application was misconceived in law and that the matters are not administrative or executive acts.He laments that the former Chief Justice is attempting to move the Supreme Court to invalidate or render ineffective a law which has been passed by Parliament.
He pleads with the Court to reject in limine the fundamental rights petition file by Silva which is listed for today (9) before a bench comprising Chief Justice Priyasath Dep, Justices B.P. Aluvihara and Nalin Perera for granting leave to proceed.
