SC stays proclamation dissolving parliament

13 November 2018 06:02 pm - 102     - {{hitsCtrl.values.hits}}


A three-judge bench of the Supreme Court today issued an interim order till December 7 staying the proclamation issued by President Maithripala Sirisena to dissolve parliament.

It also granted leave to proceed with the fundamental rights petitions which sought a court order nullifying the presidential proclamation dissolving parliament. The intervenient petitions were also allowed.

The petitions were fixed for argument on December 4,5 and 6.

The SC also issued an injunction barring the Elections Commission from taking any action regarding the election until December 7.

Several petitioners including UNP Chairman Kabir Hasim, UNP MP Ajith P. Perera, JVP leader Anura Kumara Dissanayake, TNA leader R. Sampanthan and Attorney Lal Wijenayake filed FR petitions challenging the dissolution of Parliament.

Earlier Attorney General Jayantha Jayasuriya in his submissions said the President had invoked his plenary executive power, which was not pruned by the 19th Amendment and could only be pruned by a referendum.

He said the court had no jurisdiction to hear and issue a determination on the FR petitions against the dissolution of Parliament and that the powers of the President were clear and unambiguous as provided for in the Constitution.

“No provision of the 19th Amendment had called for a referendum and the pruning of President’s powers must have been done via referendum. The 19th Amendment did not require a referendum because executive power was intact as it stood before the referendum. Executive powers cannot be eroded. It can be approved by people exercising the franchise.

“The Article 70(1) cannot be read in isolation when all provisions of the 19th Amendment taken together did not require a referendum because it did not erode the powers of the President,” he said.

The AG also said though he received instructions from the President, his legal arguments in his capacity as the Attorney General were impartial at all times.

He said in the event an interim order was given, it would amount to suspending the Constitution and the sovereignty of the people. (S.S. Selvanayagam, Shehan Chamika Silva and Hafeel Farisz)

  Comments - 102

  • Ravi Tuesday, 13 November 2018 06:04 PM

    Finally Justice Prevails. I hope this will give belief to all citizens that Thuggery and violation of law will not prevail

    wijebahu Tuesday, 13 November 2018 06:26 PM

    heavy defeat for dishonest politicians like gammanpila and GL peiris. MS swallowed a dead rope given to him by Sarath Silva the toxic.

    lankaputha Tuesday, 13 November 2018 06:30 PM

    Can one explain it in plane for us. Does this means Parliment is active and Ranil is Prime still, or Parliament is dissolved, or Parliament is suspended till that ?

    Mandayan Tuesday, 13 November 2018 06:31 PM

    After the 17th May, 2009 of the news of VP in Wanni, this is the next news in history that make the whole world at seat edge.

    Sri lankan Tuesday, 13 November 2018 06:42 PM

    Please take action against the AG for misrepresenting the government and the public or he cannot read the constitution...

    Scooby Doo Tuesday, 13 November 2018 07:02 PM

    Glad that the democracy won. Hope right action will be taken against the president who created all these problems and damaging the image of mother Sri Lanka.

    Leel Tuesday, 13 November 2018 07:19 PM

    This a as another dead rope given by Ag and swallowed by him without any hesitation. Previously for 6 years term.

    rew Tuesday, 13 November 2018 07:23 PM

    AG should represent the state and not the government of the day.

    Mohamed Tuesday, 13 November 2018 06:06 PM

    Some hope at last for our country!

    PodiBanda Tuesday, 13 November 2018 06:39 PM

    Now, the, Aiyo Sirisena will be advised by Sarath N SIlva and GL Peiris to Prorogue the parliament until at least December 7.

    Islander Tuesday, 13 November 2018 06:10 PM

    will MS dissolve the supreme court now?

    mohan Tuesday, 13 November 2018 06:13 PM

    Victory For all All Sri Lankan

    logi Tuesday, 13 November 2018 06:29 PM

    yes for all but except for the 'robbers'

    Lion Tuesday, 13 November 2018 06:14 PM

    We are extremely happy democracy is up held by our courts.

    Kanna Tuesday, 13 November 2018 06:14 PM

    sajith is de king ......!

    ali Tuesday, 13 November 2018 07:35 PM

    Please no more kings

    sandy123 Tuesday, 13 November 2018 06:17 PM

    Well done sir.....!

    sigiriya Tuesday, 13 November 2018 06:18 PM

    Democracy wins. If the Executive goes out of line, if (the Legislature) Parliament is also prevented from meeting, then the judiciary steps in. This is probably the worst snubbing any President has received from the Supreme Court.

    BuffaloaCitizen Wednesday, 14 November 2018 09:31 AM

    If this bastard has at least one ball left, he should resign.

    Democrat Tuesday, 13 November 2018 06:18 PM

    Well done. Atkeast a small hope for democracy in this country A salute to the judges who fearlessly gave judgement to give life to democracy

    De Silva Tuesday, 13 November 2018 06:19 PM

    Big relief

    Krishna Tuesday, 13 November 2018 06:19 PM

    Here we go again. Further wait for the final decision. The world must be laughing at Sri Lanka, a country full of corrupt politicians.

    Saman Tuesday, 13 November 2018 06:19 PM

    Biggest win recent our recent history. Next step is to sack the president from his post. He is not fit even to rule a village. I assume tomorrow is a parliament day. Mihinda should show his 113 or has to resign now.

    Valavan Tuesday, 13 November 2018 06:45 PM

    Sacking the president is hard cause it needs 150 members two third of majority not 113 so it's hard and cannot be done. So we have to wait until December 7th

    Chryshan K. Tuesday, 13 November 2018 06:19 PM

    Wow. No we understand Judiciary is independent. Making judiciary independent is one of the biggest achievements of Yahapalanaya.

    Point of view Tuesday, 13 November 2018 06:34 PM

    " we understand Judiciary is independent " Of course - MR has not fully established himself yet - neither tenders have not been called yet for white vans -

    ET Tuesday, 13 November 2018 06:38 PM


    Nalin Abeyrtne Tuesday, 13 November 2018 06:19 PM

    I suppose this time can be used by the president to re-call parliament and due process be taken to appoint the government that commands majority, Aiyo Sirisena !!!

    Sivs Tuesday, 13 November 2018 06:33 PM

    The dissolution is not legal now so Parliament can now meet as usual and decide if Mahinda is the PM or he can gracefully resighn. .Being a person who does not want to loose Mahinda will resign as PM and abstain from atttending the Parliament for some time.

    Raj Tuesday, 13 November 2018 06:20 PM

    i feel still there is a justice in country

    vithura Tuesday, 13 November 2018 06:31 PM

    Do not get carried by elation, there is some hope!

    Nalaka Tuesday, 13 November 2018 06:21 PM

    Sanity prevails at the end!!!!!

    Lankan Tuesday, 13 November 2018 06:23 PM


    I O Sirisena Tuesday, 13 November 2018 06:49 PM

    Uh mat-ta gahuwa , .. Mat-ta Uh Gahuwa.

    punchi Tuesday, 13 November 2018 07:36 PM

    Adoo Sirisena is moreappropriate!

    Warren Tuesday, 13 November 2018 06:23 PM

    Sri Lanka will become a developed country soon. Rule of Law is important than any else.

    Jaliya Tuesday, 13 November 2018 07:40 PM

    Don't keep your high hopes too high up, this is only an interim order .... no winners no losers. Wait until Dec 07 to see what might take place then.

    Thomas Tuesday, 13 November 2018 06:25 PM

    At any cost Democracy must be safeguarded and evil thinking politicians must be punished

    TONY Tuesday, 13 November 2018 07:27 PM


    Yehiya Tuesday, 13 November 2018 06:26 PM

    Judiciary will recognise by international communities

    Ashok Tuesday, 13 November 2018 06:26 PM

    Good Bye MY3.

    ravin Tuesday, 13 November 2018 06:26 PM

    time for next action MA-RA.

    Valan Tuesday, 13 November 2018 06:27 PM

    Now the Kings buddy must dissolve the supreme court!

    Gemunu Tuesday, 13 November 2018 06:27 PM

    Supreme Court Interim Order gives much needed hope and confidence to all law abiding citizens of Sri Lanka.

    vithura Tuesday, 13 November 2018 06:29 PM

    MS resigns might be the news to follow, that is if he has any self respect! If he does not, the parliament has to convene on the 14th and MR will be goner, with RW back in the saddle.

    punchi Tuesday, 13 November 2018 07:39 PM

    MY3 declared in publicthat he would resign within one hour of Ranil becoming the PM

    Karu Tuesday, 13 November 2018 06:29 PM

    Thank you God for saving democracy in Sri Lanka.Do away with the Presidential system and Provincial Councils.

    Kanna Tuesday, 13 November 2018 06:30 PM

    Credit go to MS to get judiciary independent .....!

    Saman Tuesday, 13 November 2018 06:30 PM

    Next thing I like to hear is "Mithripala Sirisena tenders his resignation from the presidency"

    Keeraipidi Tuesday, 13 November 2018 06:47 PM

    You will!I have already approved his resignation, like you all too.

    Potta Harry Tuesday, 13 November 2018 07:22 PM

    Have to wait till Friday Night

    M Susiriwardana Tuesday, 13 November 2018 06:30 PM

    Time for The President to rethink his acts of confusion.

    nevillesw Tuesday, 13 November 2018 06:32 PM

    The Prez says he had to dissolve Parliament because of an anticipated bloodbath. Can he provide proof from Police Itelligence reports ? Everyone knows he dissolved Parliament because the new PM does not have the support numbers.It is no reason to put this country into needless chaos.

    De Silva Tuesday, 13 November 2018 06:32 PM

    MS has to discard all his trumps

    vithura Tuesday, 13 November 2018 06:37 PM

    All he had were damp squib!

    mazhar Tuesday, 13 November 2018 06:34 PM

    Now I'm proud to be a Sri Lankan.

    JK hatton Tuesday, 13 November 2018 06:35 PM

    I haven't had my trust on SC - but now bit of relief -If this doesn't come right - the country will be eaten by all crooks-

    ralahami Tuesday, 13 November 2018 06:35 PM

    If MS and AG is correct , if RW become the majority party leader after the election on the 5th Jan 2019, MS can refuse to elect the RW as the PM and could dissolve the parliament unless party appoints another MP as the party leader . This way MS could dissolve the Parliament until he gets his way . It is called "dictatorship" Not democracy . If AG's argument wins , RIP to democracy .

    Dee Tuesday, 13 November 2018 06:36 PM

    Where are the white vans of gotta?

    mazhar Tuesday, 13 November 2018 06:36 PM

    Big salute to CJs

    Nadaal Tuesday, 13 November 2018 06:36 PM

    I believe Supreme Court dragging this case till 18 th December is putting the country into great uncertainty. They should have decided on the powers of President whether he has the power to dissolve the parliament or not instead of the country being dragged to a period of Nonagathaya

    Retired Army Officer Tuesday, 13 November 2018 06:37 PM

    I salute the higest court of our motherland for its just ,unbiased and most courageous decision .We as Sri Lankans can still believe in justice in this country

    Dumidu Tuesday, 13 November 2018 06:38 PM

    Hat's off for judiciary. The feeling of being a citizen of country abide by the law is awesome.

    Keeraipidi Tuesday, 13 November 2018 06:38 PM

    Thanks, Sri Lanka! Now, the President will first join SLPP and dissolve this Party thereafter as SLFP is already done and over.

    IMPORTANT qUESTION Tuesday, 13 November 2018 06:38 PM

    Will the illegally appointed ministers have to go home sans their vehicles ?

    Dr.Siri Tuesday, 13 November 2018 06:40 PM

    We need educated individuals in the Parliament to avoid these type of dramas in future

    Bala Tuesday, 13 November 2018 07:48 PM

    First an educated President who will not act because of personal prejudice and who gives decisions transparently in the daytime - not Friday night late specials.

    Ram Tuesday, 13 November 2018 06:45 PM

    If the current ruling party cry for a election for voters right to choose why president also cant resign and allow the same voters to choose their own president. We can have bot general and presidential election at same time and save lot of money.

    vithura Tuesday, 13 November 2018 06:54 PM

    In the final analysis this forsaken Presidential system needs to be consigned to garbage and return to Westminster style governance!

    Nimal Tuesday, 13 November 2018 06:46 PM

    At last a little light at the end of the tunnel! A temporary victory of the decent citizens of this country!

    kdp Tuesday, 13 November 2018 06:48 PM

    We salute the judiciary

    Julampittiya Ammarai Tuesday, 13 November 2018 06:50 PM

    ''Hon My3 said that Hon RW tried to kill me, therefore i gave the Premiership to Hon MR, whom he tried to kill me before '' this is the summery.a well planned plot from My3 and RW to slamm the 4 feet final Nail to the Rajapake's (all 4's) Political Coffins.

    Haramanis Tuesday, 13 November 2018 06:51 PM

    Case not over yet people. The bench will study the submissions and constitution in detail, hold hearings on 4, 5 and 6 Dec and give conclusion on 7 Dec. So the PM and cabinet of Ministers will remain as appointed.Rest easy in the meantime!!

    fred Tuesday, 13 November 2018 06:52 PM

    Hold on. Let's not get carried away. This in only an Interim Order. Leave has been given for the Petitions to proceed but they have still to be heard and for the Court to give judgements on them. Let's keep our fingers crossed. For the moment, at least, we can take some comfort.

    Anas Tuesday, 13 November 2018 06:54 PM

    I have never commented on any news before in my life. I must say that this news made me very happy and relieved. Happy as a Sri Lankan!! A Big salute to SC judges.

    S.P.Ramkumar Tuesday, 13 November 2018 06:57 PM

    President must resign.

    dravid Tuesday, 13 November 2018 07:00 PM

    At least this now shows even the legal system now can take correct and unbiased decisions based on whats actual as their profession taught them, thanks to correct governance during past 3 years where no one was under threat to do their job correctly. possibly earlier era this would have not been possible as like many either they would have been sacked or possibly disappeared, as a Sri Lankan I am proud of my country and a fair justice system,

    podipuththa Tuesday, 13 November 2018 07:00 PM

    Now MS will dissolve the SC on friday night after having "aappa".

    Citizen Tuesday, 13 November 2018 07:01 PM

    President should resign for breaking the constitution.

    lakshitha Tuesday, 13 November 2018 07:20 PM

    What important us is to see the end result.What will happens to people,country,culture etc.Specially ordinary people ,farmer communities.united Sri Lanka without separation,safeguard of archaeological sites etc.

    Lord Tuesday, 13 November 2018 07:26 PM

    Awaiting for our LOrd MRs comments

    Dee Tuesday, 13 November 2018 07:39 PM

    Almighty King, the saviour of our nation, the brother of war hero seven eleven and commissioner, father of world renowned racer and an astronaut. The list goes on!

    DN Tuesday, 13 November 2018 07:28 PM

    You could be red, blue or green. Think out of frame just isolating current status.. if one person has power to dissolve the Parliament like MS did, what is the point of having a parliament in country.

    Samson Tuesday, 13 November 2018 07:30 PM

    Highest regard for our judiciary. Time for MS to go home.

    Grace Tuesday, 13 November 2018 07:38 PM

    Thanks to the judges. Hope our tax money, 5 billion rupees will not be wasted.

    Shas Tuesday, 13 November 2018 07:39 PM

    RW will have the last laugh

    Sils Tuesday, 13 November 2018 07:39 PM

    Sirisena! Ko me Sirisena!

    polo Tuesday, 13 November 2018 07:40 PM

    My humble salute to the three brave SC judges, for protecting our democracy in SL, for me and my family for our future !! A silver light after heavy glooms and dooms over hectic 2 weeks.

    anonymous Tuesday, 13 November 2018 07:43 PM

    I salute the supreme court for the rightful logical verdict.

    Be Fair Tuesday, 13 November 2018 07:43 PM

    This is what "Good Governance" is all about. The Judiciary was able to make the right decision. Looks like our course is now on the right track. Hope the UNP leadership will also now adjusts its sails

    Labby Tuesday, 13 November 2018 07:45 PM

    It's not over still gentlemen; arguments and counter arguments will be heard until December 7. But certainly this is extremely good news. Paddy Field laws will never prevail in the noble seat of the presidency. We were blind, but not any more.

    sach Tuesday, 13 November 2018 07:45 PM

    Please tell your UNP friends, that interim order is not the final verdict

    OMG Tuesday, 13 November 2018 07:45 PM

    Put some cows up in the parliament.....they will do better!

    Madu Tuesday, 13 November 2018 08:20 PM

    president must resign immediately....if not ...shame on you

    Voter Tuesday, 13 November 2018 08:23 PM

    We UNPers hope that today's event will not by any means encourage Ranil to get glued and hug on to theLeadership of the Party as we want a change.

    Samson Tuesday, 13 November 2018 08:44 PM

    Who ever heads the government they must now decide to have the presidential and General election at the same date so that hundreds of millions of public funds can be saved.

    shan Tuesday, 13 November 2018 08:56 PM

    aiyo sirisena!

    jayantha Tuesday, 13 November 2018 08:57 PM

    Aiyoooooo SIRISENA!!!!

    xlntgson Tuesday, 13 November 2018 08:58 PM


    Suresh Tuesday, 13 November 2018 09:15 PM

    Good news. Election commissioner say he needs 500 crores to conduct the general election. The country is not in a position to spend 500 crores at the moment, prevailing economic crisis.

    Dperera Tuesday, 13 November 2018 10:24 PM

    One of the big headaches are over. Let's see whats next.

    KnightWing Wednesday, 14 November 2018 10:06 AM

    If this was another country, President would have resigned already. But our president is shameless and pathetic :-(

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