Why did the Deputy Solicitor General object?

Monday, 13 February 2012 00:00 - - {{hitsCtrl.values.hits}}

I am a person who has been following with interest Nihal Sri Ameresekere’s persevering public interest actions. I have read the media reports on his case on the Expropriation Law, the introduction of which has been criticised both locally and internationally.

I was present in Supreme Court and witnessed the brilliant submissions Ameresekere made pointing out several instances where the Supreme Court Determination disclosed that doubts had been entertained. Ameresekere argued at length that in the case of an Urgent Bill, if doubts are entertained by the Supreme Court, that the Constitution deems such Bill to be determined to be inconsistent with the Constitution.

Ameresekere made it very clear that he was not challenging the Bill or the Law, but that he was moving for the Supreme Court Determination to be reviewed and varied. He articulated that such Application was not barred by the Constitution, which was not refuted.

Ameresekere submitted to the Supreme Court two Written Submissions with his Oral Submissions. Deputy Solicitor General, who appeared for the Respondents openly, objected to Ameresekere’s Written Submissions being made public by being published in the media. Ameresekere has acted in the public interest and are not the public therefore entitled to know what were in the Written Submissions, which were tendered to Supreme Court by him?

This action being in the public interest, how and why did the Deputy Solicitor General prevent these Written Submissions made to the Supreme Court being available to the public by being published in the media? Why was the Deputy Solicitor General fearful of the public knowing precisely what Ameresekere had stated in writing to support his arguments?

In the interest of the public and the readers of your newspaper, I request you to please obtain copies of these Written Submissions and publish them in your newspaper, which had already carried many exposures on this controversial law, targeting only selected parties.

All tribute to Ameresekere for fighting a lonely battle in the public interest and he should be given all encouragement. Sri Lanka Insurance and Lanka Marine Services are today with the State because of his efforts.

Pro Bono Publico