‘Divineguma Bill issue should be within Parliament’s purview’

Jayantha de Silva

Solicitor General (SG) Y. Wijetileke yesterday submitted before a three judge Bench of the Supreme Court that the issue pertaining to the Divineguma Bill should be a matter coming within the purview of Parliament to be decided by President Mahinda Rajapaksa.

The Bench comprised of Chief Justice Dr. Shirani Bandaranayake, Justice K.Shri Pavan and Justice Gamini Amaratunge. The Bench observed that the determination of the Divineguma Bill is to be submitted to President Mahinda Rajapaksa within a time frame. Written submissions are to be made on October 24

Fourteen applications, including intervening petitions, were filed alleging inconsistency with the constitution. Certain provisions of the Divineguma Bill aimed at poverty alleviation and social equality.

The Solicitor General was replying to a persistent query from the Bench pertaining to whether the court has jurisdiction over the subject of the Divineguma Bill.

SG ; The Governor could exercise power when there is no constituted Provincial Council.

Court should give a workable and purposeful interpretation.

CJ ; Who has the statute making power?.

Is it the Governor or the Provincial Council?.

SG ; The Governor exercises certain powers

Attorney at Law Weliamuna PC appearing for the petitioners submitted that legislative process can be exercised. Mandatory process must be complied with.

Attorney-at-Law Viran Corea also appearing for the petitioners submitted that the Bill is inconsistent with certain provisions of the constitution.