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Order reserved

Petitions against dissolution of parliament:


By Chitra Weerarathne

Supreme Court yesterday evening reserved order in respect of 10 petitions filed against the dissolution of parliament by President Maithripala Sirisena on Nov 09. The interim order which suspended the presidential gazette being implemented is also reserved indefinitely.

Earlier in the day, Counsel Krishmal Warnasuriya yesterday submitted to the Supreme Court, that the current situation in the country should be referred to the people at a referendum.

Counsel Warnasuriya, supporting an intervenient petition, said that the proclamation was lawful. He said he associated with the submissions of the Attorney General. There had been no violation of equality cited in the petitions filed by the petitioners, who challenged the dissolution of Parliament by the President.

The people’s sovereignty had been exercised by the executive. "The President shall appoint the Prime Minister, who commands the confidence of Parliament, in his opinion.

This is a presidential system of government. The President appoints the Prime Minister. The President is the head of government. Under Article 33/2/c, the President has been given the power to summon, prorogue and dissolve Parliament. The matter should be referred to the people for a decision, he said.

Several other intervening petitions were supported yesterday.

Ten petitioners including the UNP, TNA, JVP, and SLMC have complained that the dissolution of Parliament by a presidential order is arbitrary and should be annulled by the Supreme Court. The Attorney General had been made the respondent.

The bench comprised Chief Justice Nalin Perera, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena, Justice Prasanna Jayawardena, Justice Vijith Malalgoda and Justice Murdhu Fernando.

Attorney General Jayantha Jayasuriya P.C. appeared with Senior Additional Solicitor General Dappula De Livera, PC for the respondent.

Retired Attorney General Tilak Marapana P.C. appeared for the UNP. K. Kanag Ishwaran P.C. appeared for the TNA. Rauff Hakeem appeared for the Sri Lanka Muslim Congress.

Gamini Marapana, PC Manohara de Silva, PC., Sanjeewa Jayawardena, PC. Ali Sabry, PC., Kanishka Witharana and Navin Marapana appeared for some of the intervenes.

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