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Supreme Court concludes hearing 20A petitions

06 Oct 2020

The Supreme Court (SC) concluded the consideration of petitions filed challenging the draft bill of the 20th Amendment to the Constitution yesterday (5). It was announced that the decision of the court will be sent to the President and Speaker of Parliament in due course. Chief Justice Jayantha Jayasuriya stated in open court that the secret decision of the SC regarding the constitutionality of the draft 20th Amendment will be referred to the President and Speaker of Parliament. During the hearing, Attorney General (AG) Dappula de Livera stated that all the provisions contained in the draft 20th Amendment were in accordance with the Constitution. Pointing out that the President is bound to ensure free and fair elections in accordance with the Constitution, the AG stated that the proposed 20th Amendment Bill had expanded that responsibility while providing the Election Commission (EC) with a strong legal basis for free and fair elections. The AG pointed out that the 20th Amendment proposes to reinstate the President’s immunity lost under the 19th Amendment, which will enable the President to exercise his executive powers vested in him by the Constitution without hindrance. He further emphasised that there was no need for a referendum to approve any of the provisions contained in the draft. In conclusion, AG de Livera stressed in court that the draft could easily be passed by a two-thirds majority in Parliament without a referendum. In addition, AG de Livera refused to give a copy of his written submissions to counsel for the petitioners, when said counsel made an application for it to enable them to respond. Chief Justice Jayasuriya asked the AG whether he could make it available for them even as a soft copy, to which the AG declined to do so. The AG informed Chief Justice Jayasuriya that he would be giving the soft copy to the court today (6). Ultimately, the court made one of its copies available for the petitioners' counsel. Subsequently, the court directed the parties involved in the case to submit their written submissions, if any, before 3 p.m. today (6). Consideration of the petitions commenced for the fourth day last morning before the five-member judge bench chaired by Chief Justice Jayasuriya. The bench consists of SC Justices Buwaneka Aluwihare, Sisira de Abrew, Priyantha Jayawardena, and Vijith Malalgoda. Thirty-nine petitions in total were filed against the draft bill of the 20th Amendment, citing the AG as the respondent. The petitions were put forward by EC member Prof. Ratnajeevan Hoole, the Samagi Jana Balawegaya (SJB), United National Party (UNP) General Secretary Akila Viraj Kariyawasam, UNP Deputy Leader Ruwan Wijewardene, SJB Youth Wing Chairman Mayantha Dissanayake, Attorney-at-Law P. Liyanaarachchi of the Sirilaka Janatha Peramuna, Transparency International Sri Lanka (TISL), former Governor and Campaign for Free and Fair Elections (CaFFE) Executive Director Ranjith Keerthi Tennakoon, human rights activist Abdul Zanoon, and many others. Meanwhile, Ministers Nimal Siripala de Silva, Gamini Lokuge, and Prof. G.L. Peiris filed interlocutory petitions seeking permission to present cross-submissions pertaining to the petitions challenging the 20th Amendment draft bill. In addition, MPs Sagara Kariyawasam, Ven. Omare Kassapa Thera, M. Dayaratne, W.A. Weerathilake, and P.G.B. Abeyratne also filed interlocutory petitions.


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