OMLANKA

Sarath Silva’s petition a breach of constitution: Sumanthiran

Sumanthiran-SC-01

Tamil National Alliance Parliamentarian, President’s Counsel M.A. Sumanthiran has submitted to Supreme Court that the petition filed by former Chief Justice Sarath N.Silva challenging the Provincial Councils Bill is a breach of the island’s constitution and the laws of the Republic.

He made this submission in an intervention application at the hearing of Sarath N. Silva’s fundamental rights petition. He pleaded 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.

In his petition, Sumanthiran pleads that 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.”

 

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