26 July 2024 09:28 pm Views - 3109
Colombo, July 26 (Daily Mirror) - The Lawyers’ Collective, a prominent legal advocacy group in Sri Lanka today maintained that an order made by the Supreme Court cannot be invalidated by a speech given by the Prime Minister in Parliament.
By convening a media conference to educate the public about the Supreme Court's interim order regarding the appointment of IGP Deshabandu Tennakoon and the subsequent conduct of the President and the Cabinet of Ministers, the Lawyers' Collective observed that the government's recent trend of willful disobedience to court orders would hinder the country's progress in every aspect.
President's Counsel Upul Jayasuriya reiterated that any attempt by Deshabandu Tennakoon to continue with the duties and responsibilities of the office of IGP would be liable for committing the offense of contempt of court under the terms of Section 3(2) of the Contempt of a Court, Tribunal or Institution Act, No. 8 of 2024.
Jayasuriya rejected the claims made by some factions that the Supreme Court has no jurisdiction to issue an order against a Constitutional Council decision.
President’s Counsel Saliya Pieris stated that the Prime Minister’s assertion that the activities of the Constitutional Council cannot be challenged by the Supreme Court was false and invalid in law. He said that, in terms of Article 41(J) of the Constitution, the Supreme Court is empowered to exercise its Fundamental Rights jurisdiction even over the affairs of the Constitutional Council, and that the Supreme Court has been exercising this exclusive jurisdiction for a period of 22 years.
He further stated that decisions made by the President can be challenged by way of a Fundamental Rights petition following the enactment of the 19th Amendment to the Constitution. He also mentioned that if the President fails to appoint an Acting IGP, he should assign the duties and responsibilities to a suitable person in accordance with the provisions of the Constitution. Pieris added that an order made by the Supreme Court cannot be invalidated by a speech given by the Prime Minister in Parliament.
President’s Counsel Jeffry Alagaratnam said that neither the Parliament, the President, nor the courts are superior to the Constitution and that they are all subject to it. He added that only the court can interpret the Constitution.
A group of lawyers including Upul Kumarapperuma PC, Prof. Deepika Udagama, Attorney-at-Law Javid Yusuf, Manoj Nanayakkara, Jayantha Dehiattage and Sanjaya Marambe also participated in this event.
Pix by Pradeep Dilrukshana