DSG prays for fuller Bench on FR on PSC

Jayantha de SILVA

A three Judge Bench of the Supreme Court yesterday allowed an application by the Deputy Solicitor General Shavindra Fernando directing to Chief Justice Mohan Peiris the four petitions filed against the Parliamentary Standing Order 78 (A) alleging that the afore- said Standing Order is Ultra Vires and infringing upon the Article 12 of the Fundamental Rights in the Constitution.

Furthermore, the Bench directed the registrar to make provisions to the CJ to have the relevant records as and when the CJ called for same. The petitioners prayed for a declaration making the afrosaid Standing Order be declared null and void.

The Bench constituted of Justice Nimal Gamini Amaratunge Justice P.A.Ratnayake and Justice Eva Wanasundara.

The petitioners are The Bar Association of Sri Lanka. (BASL) Dr. Chandragupta Thenuwara, Janaka Adikari, Secretary Teachers Union and Mahinda Adikari.

The DSG requested that under Article (132) (3) (111) of the Constitution the four petitions described as public and general interests petitions be referred to the CJ and prayed for a fuller Bench ( exceeding five) for the purpose of a Court direction.

Furthermore , the DSG informed that objections had not being filed in this regard. The Bench directed to file both oral and written applications with the CJ.

Attorney at Law for the petitioners objected contending that the former CJ is the de facto and de Jure (Lawfully elected ) CJ.

He asserted that the present CJ is an un surper. Hence, he cannot act. This claim was rejected by the DSG.

ASG Bimba Tilekaratne and SSC Nerin Pulle also appeared for the state.