BASL protests SC actions, withholds post-hearing written submissions

Friday, 4 September 2026 06:24 - - {{hitsCtrl.values.hits}}

Cites refusal of oral right of reply after AG’s submissions
Petitioners had earlier sought Full Court to hear petitions against proposed 22nd Amendment
Says request for Full Court rejected without reasons assigned

The Bar Association of Sri Lanka (BASL), by filing a motion before the Supreme Court yesterday, informed that it will not be tendering the post-hearing written submissions in connection with its Special Determination applications against the proposed 22nd Amendment, citing circumstances including the Court’s decision to refuse the petitioners an oral right of reply after the Attorney General’s oral submissions during Wednesday’s (2) hearings.

It is learnt that most of the other petitioners, following the BASL’s lead, will not tender their post-hearing written submissions.

The motion, filed in S.C. (S.D.) No. 47/2026 by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva against the Attorney General, cites several circumstances, including the Court’s decision to refuse the petitioners an oral right of reply after the Solicitor General’s submissions during the hearing on 2 September.

According to the motion, the petitioners had earlier sought the constitution of a Full Court comprising all judges of the Supreme Court to hear the matter, citing potential issues of conflict of interest or the appearance thereof involving all judges, including the Chief Justice.

They argued that nominating the entire bench would overcome any such concerns and negate perceptions that particular judges had been selected. The request, supported by counsel for most other petitioners, was rejected by the bench without reasons being assigned.

Hearings commenced on 1 September and continued till 10:30 p.m., resuming the next day at 10 a.m. Petitioners made initial submissions first, as the Solicitor General indicated he would address Court after the petitioners and intervenients supporting the Bill. Intervenients and the Solicitor General then made submissions explaining the rationale and justification for the Bill.