December 10, 2018

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    President’s proclamation cannot be challenged -AG informs SC Featured

    November 06, 2018

    The Attorney General yesterday informed the Supreme Court that the proclamation issued by President Maithripala Sirisena to prorogue the Parliamentary sessions cannot be challenged through a Fundamental Rights petition filed in the Supreme Court.

    Additional Solicitor General (ASG) Indika Demuni de Silva appearing for the Attorney General made these remarks when a Fundamental Rights petition filed by public Interest litigation activist and lawyer Nagananda Kodituwakku was taken up for support.

    In his fundamental rights petition, the petitioner sought an order to quash the Gazette notification issued by the President to prorogue Parliament until November 16.

    Mrs Silva submitted to the Supreme Court three-judge-Bench comprising Chief Justice Nalin Perera, Justice Sisira de Abrew and Justice Vijith Malalgoda that the Attorney General expects to raise preliminary objections regarding the maintainabillity of this petition.

    ‘This petition cannot be maintained in accordance with the Supreme Court rules’, the ASG added.

    She further moved court that this petition be dismissed in limine after taking into consideration the preliminary objections.

    Meanwhile, the Supreme Court directed the petitioner to file a motion for another date to support the petition in a Bench excluding Justice Vijith Malalgoda. This petition had been filed by public Interest litigation activist and lawyer Nagananda Kodituwakku naming former Prime Minister Ranil Wickremesinghe, Speaker Karu Jayasuriya and Attorney General as respondents.

    Counsel Nagananda Kodituwakku appeared for the petitioner.

    Additional Solicitor General (ASG) Indika Demuni de Silva with Deputy Solicitor General Nerin Pulle appeared for the Attorney General.President’s Counsel J.C. Weliamuna appeared for Ranil Wickremesinghe.

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