Privilege issue raised in House on SC interim order

• Opposition says it would lead to an unwanted conflict between the judiciary and the legislature

By Yohan Perera and Ajith Siriwardana  

MP Premnath C Dolawatte yesterday raised a privilege issue on the Supreme Court interim order asking the Finance Minister and other officials to issue funds for the local government election, while the opposition said it would lead to an unwanted conflict between the judiciary and the legislature.  

MP Dolawatte said the interim order violates principles of natural justice. “The bench of judges who issued the interim order has disregarded the affidavit submitted by the Finance Secretary through which he claimed the impossibility of releasing funds for the local poll and this breached the privileges of Parliament,” the MP said.  
“Under article 43(1) of the constitution, the Minister of Finance is responsible to Parliament which controls public finances. The interim order attempts to prevent the implementation of laws which gives financial powers to the legislature. The order gives legal validity to activity budget estimates overruling the Act of Parliament,. This matter was brought to the notice of the court by the Attorney General,” he added. 

 
Also he highlighted that the interim order was given despite a case pertaining to a similar petition on local government was pending, “One judge who was at the bench which issued the interim order on the first case was a relative of the petitioner of the second case,” he also alleged.   

Opposition MP Dilan Perera said the privilege issue raised by the MP will lead to an unwanted conflict between the judiciary and the legislature. “ The Supreme Court has actually assured the legislature’s rights over finances as per the constitution. “No action should be taken which will lead to unwanted conflict between the judiciary and the legislature,” he said.