March 28, 2024
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    Motion filed seeking fuller Bench to hear FR petitions Featured

    November 17, 2018

    Filing a motion before the Supreme Court, Prof. G.L. Peiris and four others sought a fuller Bench comprising more than five Judges of the Supreme Court to hear Fundamental Rights petitions which challenged the Gazette notification issued by the President to dissolve Parliament.

    Intervenient petitioners including Prof. G.L. Peiris, Pivithuru Hela Urumaya leader Udaya Gammanpila, Prof. Channa Sudath Jayasumana, Attorney-at-Law Premanath Dolawatta and Wellawattage Jagath Sisira de Silva sought an order in terms of Article 132(3) of the Constitution constituting a divisional Bench comprising of five judges or more judges of the Supreme Court presided over by the Chief Justice to hear these petitions.
    The intervenient petitioners stated that they were seeking a fuller Bench since these applications are public importance and related to interpretation of several importance provisions of the constitution.On November 13, the Supreme Court three-judge-Bench headed by Chief Justice Nalin Perera unanimously issued an Interim Order staying the operation of the gazette notification issued by the President to dissolve Parliament.
    This Interim Order will be effective until December 7.The Supreme Court further issued an Interim Order restraining the Election Commission from proceeding to take any steps to conduct the Parliamentary election by virtue of the proclamation until December 7.
    Accordingly, 10 petitions filed by various political parties and several individuals were fixed for argument on December 4, 5 and 6.These petitions had been filed through Tamil National Alliance leader R.Sampanthan, UNP General Secretary Kabir Hashim, JVP leader Anura Kumara Dissanayake, Sri Lanka Muslim Congress leader Rauf Hakeem, All Ceylon Makkal Congress Party leader Rishad Bathiudeen, R.A.S.D.Perera, Prof. S.Ratnajeevan H.Hoole, former MP Mano Ganeshan and Attorney-at-Law Lal Wijenayake and G.C.J.Perera.

     

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