DEW explains why he has requested a fuller SC bench

Appointment of defeated UPFA as NL MPs:

By Harischandra Gunaratna

Secretary of the Communist Party D. E. W. Gunasekara who filed a Fundamental Rights petition requesting court to revoke the appointment of defeated UPFA candidates to Parliament through Parliament said yesterday he had requested the Chief justice to appoint a fuller bench consisting of all 11 supreme court judges to hear the case instead of a three-judge bench because it was a matter of national importance.

 Addressing journalists at the Communist Party head office former COPE Chairman said: "The 14th Amendment to the constitution has no provision for appointing defeated candidates to Parliament via the National List. There have been three incidents in history where former Prime Minister Ratnasiri Wickramanayake, Mervyn Silva and Basil Rajapaksa were appointed to Parliament through the National List following the resignation of three MPs to accommodate them."

Stressing that he had no intention of entering Parliament, Gunasekera said he had taken legal action in the public interest. For, it was wrong to appoint defeated candidates to Parliament.

 The Communist Party stalwart said when J. R. Jayewardene was President in 1978 he had sent a letter over the Bill to the then Chief Justice addressing him as ‘my dear Chief Justice’ and asking the latter to consider it as an urgent bill.

 It should have reached the Attorney General first and not the Chief Justice, but JRJ just did the reverse, Gunasekera added. 

Gunasekera lambasted the former Chief Justice Mohan Peiris, alleging that the latter had ruined the integrity of the judiciary.


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