• The Supreme Court’s determination is to be communicated to the Speaker of Parliament

By Lakmal Sooriyagoda  

The Supreme Court has determined that it does not have jurisdiction to hear the Special Determination petition filed by the Sri Lanka Young Journalists’ Association challenging the constitutionality of the Personal Data Protection bill, since it has been filed out of time.   

Supreme Court three-judge-bench comprising Justice L.T.B. Dehideniya, Justice Shiran Goonaratne and Justice Arjuna Obeysekera announced that Supreme Court does not have jurisdiction to hear the petition since it has not been filed within the stipulated period in the constitution.  

The Supreme Court’s determination is to be communicated to the Speaker of Parliament.  Additional Solicitor General Nerin Pulle appearing for the Attorney General had raised objections regarding the maintainability of the petition since it has been filed out of time.   

According to the 20th amendment to the constitution, a Bill can be challenged before Supreme Court within 7 days from a Bill being placed on the order paper of Parliament.   

The petitioners Tharindu Iranga Jayawardhana, Committee Member of Sri Lanka Young Journalists’ Association and its Treasurer M.F.M. Fazeer filed this petition naming the Attorney General as respondent.  
The petitioners are seeking a declaration that the bill requires the approval of the people at a Referendum in addition to the 2/3 approval of the Parliament.   

Attorney-at-law Nuwan Bopage with Ramzi Bacha appeared for the petitioners. Additional Solicitor General Nerin Pulle appeared for the Attorney General.