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Tuesday, 28 August 2012

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Petition against Divi Neguma Bill:

'Core aim is poverty alleviation'

When two petitions filed by three petitioners against the draft bill of 'Divi Neguma" was called before the Supreme Court yesterday Solicitor General Uvanjan Wijetileke filing preliminary objections submitted that the core aim of the draft bill is to eradicate poverty.

With this end in view,provision to provide the Samurdi beneficiaries with pension benefits is included in the Draft Bill. Chamara Maddumage, P.B.D.J.W. Nanayakkara and the Centre for Alternative Policy Alternatives are the petitioners.

In support of the petitions ten intervening petitions had alsobeen filed.

The Bench comprised Chief Justice Shirani Bandaranayake, Justice Priyasath Dep and Justice Eva Wanasundera.

'Contrary to the contention by the petitioners that the draft bill is harmful, its aims to full fill developments targets.

The Solicitor General took up the objection that the petitions have not fulfil the statutory enactments made compulsory by the constitution and pleaded to dismiss the petitions.

'Furthermore, the Draft Bill had been forwarded to Parliament on August 10..

In respect of one of the petitions instead of sending notice to the Speaker, notice has been sent to the Parliament General Secretary.

In respect of the other petition notice had been sent on August 20.

The Bench observed that it's decision on the preliminary objections will be declared with it's decision on the draft bill. Attorney at Law M. A.Sumanthiram appearing for the Centre for Policy Alternatives submitted that the draft bill would negate the powers vested in the Provincial Councils due to the reason of several provisions relevant to the Provincial Councils being included in the Draft Bill.

'Besides the provisions of the draft bill is contrary to the constitution.

If the Draft Bill is to be made an Act, it should be passed in Parliament by a two thirds majority in addition to a referendum. Attorney at Law J.C.Weliamuna also appeared for a petitioner.

The next call date was fixed for August 29.

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