Constitutional Council matter further put off

Sandasen Marasinghe

The Supreme Court yesterday fixed the inquiry into the preliminary objection with regard to the fundamental rights application filed in respect of the appointment to the Constitutional Council, for May 5.

The Bench comprised Chief Justice Sarath N. Silva (PC) and Supreme Court Judgers Nimal Gamini Amarathunga and P. A. Ratnayake.

The preliminary objection was made by the Attorney General on an earlier date. Senior State Counsel Nerin Pulle on behalf of the Attorney General submitted that the petitioners Sumanasiri Liyanage and Ravi Jayawardane cannot maintain an application against the President under article 35 of the Constitution.

SSC Pulle further stated that the Speaker had convened a meeting of 37 members of the minority parties and 23 members out of them had agreed to appoint Dr. Jayadeva Uyangoda as the representative of the minority parties to the Constitutional Council.

Although two other names were mentioned there was no consensus in this respect. The Speaker had inquired as to what measures should be taken in such a situation. This communication was sent to the Prime Minister as well as the Opposition Leader.

Pulle further submitted that in respect of the last order issued by the Supreme Court with regard to this application, the Prime Minister and the Opposition Leader had submitted a joint letter to the President.

The Court observed that if there was consensus for the appointment to the Constitutional Council, it could be formed.

Petitioners senior lecturer Sumanasiri Liyanage, of the Peradeniya University and Attorney-at-law Ravi Jayawardane complained to Court that the non-constitution of the Constitutional Council is a continuing violation of their rights and the rights of the people in the country.

The petitioners stated that the appointments to the Constitutional Council which was a mandatory requirement of the 17th Amendment to the Constitution has not been made since 2005.

They submitted that the appointment of the members to the Council is essential to maintain good governance. They further submitted that according to Hanzard records all nominations have been made and that the only remaining mandatory duty is the appointment of these nominees to the Council which is a duty cast on the President.