The Attorney General yesterday raised preliminary objections seeking Supreme Court’s jurisdiction to dismiss the Fundamental Rights petition filed by former Chief Justice Sarath N. Silva who challenged the enactment procedure of Provincial Council Election Bill.
Senior Additional Solicitor General Sanjay Rajaratnam appearing on behalf of the Attorney General informed Supreme Court that the Court does not have a jurisdiction to hear this petition in terms of Article 124 of the Constitution since it challenges the legislative process of the country.
Article 124 of the Constitution says; ‘no court or tribunal created and established for the administration of justice, or other institution, person or body of persons shall in relation to any Bill, have power or jurisdiction to inquire into, or pronounce upon, the constitutionality of such Bill or its due compliance with the legislative process, on any ground whatsoever’.
The Supreme Court Bench comprised Chief Justice Priyasath Dep, Justice Buvaneka Aluvihare and Justice Nalin Perera. This petition is to be taken up for further submissions on October 19.
On September 28, former Chief Justice Sarath N. Silva filed a Fundamental Rights petition at the Supreme Court seeking an Interim Order by way of a direction that the amendments purported to be made to the Provincial Council Election Bill at the committee stage of the Parliament on September 20 shall not be operative till the final determination of this petition.