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Challenge against Inland Revenue Act : 

SC rejects application, says it has no jurisdiction

The Supreme Court upholding the preliminary objections raised by the Attorney General dismissed four petitions challenging the two Bills, the Monetary Law (Amendment) Act and the Inland Revenue Special Provisions Bill yesterday.

Chief Justice Sarath N. Silva PC delivering the judgements observed that the court is not inclined to exercise its jurisdiction with regard to the said applications on the basis of the preliminary objections raised by the Additional Solicitor General Saleem Marsoof.

The ASG stated that the petitions challenging the said Laws had been presented to the court for its determination long after the period provided for in Article 12(1) of the Constitution and long after the Bills had been certified by the Speaker and enacted into law and therefore the jurisdiction of the Court could not be invoked to question the constitutionality of the said Bills.

In four petitions, three petitioners Centre for Policy Alternatives, Elmo Paul Wijesinghe and Stella Jothimoni Wijesinghe challenged the Monetary (Amendment) Law while Nihal Sri Amarasekera challenged the Inland Revenue (Special) Provisions Act. The Petitioners cited the Attorney General as the respondent.

Petitioners alleged that the Monetary Law (Amendment) Bill published in the Gazette dated September 27 and subsequently passed by Parliament was inconsistent with the Constitution. This is so because the Bill together with certain substantial amendments that were brought in at the Committee Stage passed by the Parliament on December 11, 2002 deprived the public the opportunity to challenge the Bill before it had become Law for its constitutionality.

The Inland Revenue (Special Provisions) Act petitioner Nihal Sri Amarasekera, challenged the Bill on the grounds that it was not made available to the Public to challenge it for its constitutionality.

M. A. Sumanthiran with Prasansani Bandaranayake and Viran Corea appeared for the petitioners challenging the Monetary Law. K. KanagIshwaran PC with M.A. Sumanthiran and Viran Corea appeared for the petitioner challenging the Inland Revenue Act.

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