FR case against prorogation of Parliament: AG says SC cannot go into the matter

By S.S. Selvanayagam

The Rights Petition against the prorogation of Parliament cannot be taken up in Court because the prorogation is a decision taken by the President, the Attorney General stated yesterday (5), raising preliminary objections on the matter.

Additional Solicitor General Indika Demuni de Silva with Deputy Solicitor General Nerin Pulle appearing for the Attorney General raised the preliminary objection on the basis that the Court could not go into the matter because it was a decision taken by the President.

She also pointed out the contradiction between the application and the affidavit in relation to the caption.

The matter came before a Bench comprising Chief Justice Nalin Perera and Justices Sisira J. De Abrew and Vijith Malalgoda.

J.C. Weliamuna PC with Viran Corea and Suren Fernando appearing for Prime Minister Ranil Wickremesinghe told Court that the prorogation of Parliament was wrong and unconstitutional and a violation of the power of the Parliament by preventing its rights.

He also said that no proper notice was served on the Respondents. The Speaker was not present in Court and unrepresented as notice was not served on him.

Chief Justice Nalin Perera directed the Petitioner Nagananda Kodituwakku who filed the petition as a public interest litigation to file motion with three supporting dates for granting of leave to proceed and also directed him to mention his objection in respect of any judges hearing his matter.

The Petitioner in his Fundamental Rights application laments the Fundamental Rights of all Sri Lankans have been violated by gazette notification of the President disregarding the concept of the rule of law and Parliamentary traditions.

He also bemoans that it has violated the Fundamental Right to equality and equal protection of the law guaranteed under Article 12(1) of the Constitution.

He seeks the Court to set aside the order gazette notification issued on 27 October by the President.

He cited the Attorney General, the Speaker and Prime Minister Ranil Wickremesinghe as Respondents.