Court has no jurisdiction to hear FR petitions against dissolution: AG

13 November 2018 12:08 pm - 40     - {{hitsCtrl.values.hits}}


The Attorney General today concluded his submissions saying that the court had no jurisdiction to hear and determine the Fundamental Rights petitions against the dissolution of Parliament.

He said the powers of the President were clear and unambiguous as provided for in the Constitution.

The Attorney General said that the President invoked his plenary executive power, which was not pruned by the 19th Amendment and could not be pruned without a referendum.  
“No provision of the 19th Amendment was called for a referendum and 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.

He also said that although 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 is given, it would amount to suspending the Constitution and the sovereignty of the people. 

  Comments - 40

  • Sharon Tuesday, 13 November 2018 12:17 PM

    Thank you AG

    shan Tuesday, 13 November 2018 03:04 PM

    The current Constitution came into existence not via a referendum or a peoples mandate. JR created it with 2/3 majority. So much for the peoples vote.

    P.A.Samaraweera Tuesday, 13 November 2018 12:19 PM

    Well said AG. All the 13 petitioners who went to courts have the same feeling about Sri Lanka. They were against the war and joined the west . How do these 13 feel about the Bond Scam. They want put Ranil back on the saddle and bring more misery to Sri Lanka Why are these Parties so scared of an election. Obviously they know they would lose.

    Nikan-Sena Tuesday, 13 November 2018 05:11 PM

    Well said all right ! Why have Peiris, Gammanpila, Vasudewa and two others filed petitions in support of the dissolution !!!!????

    BSP Tuesday, 13 November 2018 05:24 PM

    Don't try to make a saint out of MR always mentioning the bond scam

    Sri Wickrema Wednesday, 14 November 2018 09:13 AM

    Not President or Parliament more powerful than the People. People's franchise decides at all times.

    Muza Tuesday, 13 November 2018 12:19 PM

    Final hope for Democracy also lost...He also have family!!! He also worried about white van :)

    By remote control ? Tuesday, 13 November 2018 04:37 PM

    How come - The operator is out of the country

    Shan Tuesday, 13 November 2018 12:20 PM

    Where does it say that the Supreme Court has no jurisdiction to hear this case? Another henchman of the Sirisena camp.

    siva Tuesday, 13 November 2018 05:27 PM

    That's what he told the President and he is repeating it. Wait for the views of the pettitioners

    Shas Tuesday, 13 November 2018 12:22 PM

    Here comes another puppet

    Regit Silva Tuesday, 13 November 2018 12:22 PM

    What a Joke. Can only happen in Sri Lanka. We can now confirm it is a Banana Republic!

    KOLA KOTIYA Tuesday, 13 November 2018 12:23 PM


    Potta Harry Tuesday, 13 November 2018 12:23 PM

    This lame argument of AG to defend action of President tells how constitutional act of President.

    bushel Tuesday, 13 November 2018 12:24 PM


    Amila Tuesday, 13 November 2018 12:25 PM

    Wow........................Inefficient AG.

    patriot Tuesday, 13 November 2018 12:27 PM

    Nailed on. Supreme Court only interpret constitution. Owners of the Constitution to give consent and that is public. Referendum or General Election is the way and that is Ranil and the gangs fear.

    Nikan-Sena Tuesday, 13 November 2018 12:28 PM

    Oh, is that one of the trumps Prez has? Anymore !!!!?

    patriot Tuesday, 13 November 2018 12:29 PM

    Ranil and the gangs are aware and that is why trying all kind of ways not to go for GE.

    Jude Tuesday, 13 November 2018 12:32 PM

    Huh !! There's absolutely Zero to Non chance of getting a judgement against the President's actions!!??

    De Silva Tuesday, 13 November 2018 12:33 PM

    What ??????We all are mad

    alarmed Tuesday, 13 November 2018 12:34 PM

    If supreme court cant decide on president, and parliament is dissolved so it cant decide either, who decides? How can president decide on parliament without letting them decide? is this AG biased?

    Saman Tuesday, 13 November 2018 12:37 PM

    Easiest answer. I don't know, I don't have the power. I don't know why there's such a thing as constitution at the first place.

    gypsy Tuesday, 13 November 2018 04:39 PM

    " I DON'T KNOW WHY ! "

    prash92 Tuesday, 13 November 2018 12:37 PM

    LOL!! AG president is no dictator to override the powers vested within S.C. And where exactly in the constitution does it say supreme court has no say regarding president's decision?

    Sri Wickrema Tuesday, 13 November 2018 12:39 PM

    What a court jester.

    Paul Tuesday, 13 November 2018 02:37 PM

    All AG's who had served under the previous governments also behaved in the same manner. Although, he is a public servant who is depending on public money seem to be standing against the public.

    Haramanis Tuesday, 13 November 2018 02:42 PM

    Lets go to the people - why are you afraid???

    Oops Tuesday, 13 November 2018 02:45 PM

    Is the SL constitution constitutional at all?

    Democrat Tuesday, 13 November 2018 02:50 PM

    Aiyo AG, Did u also sit for law exam ifro a seperate room??

    Sans Tuesday, 13 November 2018 03:01 PM

    Personal opinion of AG.

    Aquarius Tuesday, 13 November 2018 03:05 PM

    Expected from the beginning - this was another trump card MS referred to

    Chans Tuesday, 13 November 2018 03:13 PM

    Does this mean even confining the numbers of terms for a president to two, is also gone?

    Zub Tuesday, 13 November 2018 03:25 PM

    Why is the Supreme Court existing?????

    Labby Tuesday, 13 November 2018 03:42 PM

    So now it is clear for all to see why cases filed against the Rajapakses were ignored at the AG's office.

    Sils Tuesday, 13 November 2018 03:49 PM

    How much were you paid???

    REEZ Tuesday, 13 November 2018 04:57 PM

    The great injustice of the countries history.....

    Nimal Tuesday, 13 November 2018 05:04 PM

    Our president is so intellectual; he will dissolve the parliament if the verdict is against him :)

    Buddhi Perera Tuesday, 13 November 2018 05:22 PM

    We cannot expect any A G to give a different version. Court has to decide who is correct

    Bibile Maama Tuesday, 13 November 2018 05:57 PM

    You are absolutely correct. Thank you for confirming that Sovereignty belongs to the people.

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