Sri Lanka’s new govt says will abide by Supreme Court verdict
Posted on November 13th, 2018
Courtesy NewsIn.Asia
Colombo, Nov 13 (newsin.asia) – Sri Lanka’s new Foreign Minister, Sarath Amunugama has said the newly appointed government will abide by the ruling given by the Supreme Court on the early dissolution of Parliament by President Maithripala Sirisena, local media reported Tuesday.
Speaking to journalists in capital Colombo, Amunugama said that ousted Prime Minister, Ranil Wickremesinghe, had the right to seek advice of the Supreme Court over the early dissolution but criticized him for creating political instability in the island country.
We will wait and see. The Government has no problem with this. When there is a contention between the Executive and legislative, then the judiciary must give respite. This is the proper way,” the Minister said.
Many political parties including the United National Party led by Wickremesinghe, the main opposition Tamil National Alliance and the Marxist Party Janatha Vimukthi Peramuna, filed legal challenges in the Supreme Court on Monday over President Sirisena’s early dissolution of parliament last week.
The parties have argued that President Sirisena had no powers to dissolve the Parliament under the 19th amendment of the constitution and requested the Supreme Court to issue an order voiding the gazette issued by the President and to suspend the upcoming Parliamentary Election until a verdict is announced.
The Supreme Court is expected to announce a verdict this week.
In a special gazette notification issued last Friday, President Sirisena declared Jan 5 as the date for a snap Parliamentary Election in order to resolve weeks of political turmoil which erupted after Wickremesinghe was sacked from his Prime Ministerial post and replaced with former president Mahinda Rajapakse.
Sirisena’s sudden move to dissolve Parliament comes one and a half years ahead of the scheduled Parliamentary polls.
November 13th, 2018 at 9:09 pm
This Supreme Court Decision by (ONLY) THREE Supreme Court Judges is an INTERIM (TEMPORARY) INJUNCTION to halt ALL POLITICAL ACTIVITY related to the DISSOLUTION of Parliament and the HOLDING of NEW Parliamentary ELECTIONS.
Here are my thoughts on the IMPACT of this ORDER, and the REMEDIES available to the New Govt.
The TEMPORARY INJUNCTION APPLIES TO ALL PARTIES to the DISPUTE; not only the Govt.
THEREFORE, the Govt cannot PROCEED with the NEW ELECTIONS, the Parliament is TEMPORARILY NOT-DISSOLVED, and it CANNOT RESUME SESSIONS either!
RESUMING SESSIONS would be TANTAMOUNT to VIOLATING the TEMPORARY INJUNCTION issued by the Supreme Court!
In particular, as he has threatened to do, the Speaker Karu Jayasuriya cannot organize a VOTE COUNT to show who has the Parliamentary majority, without FLOUTING the TEMPORARY INJUNCTION himself. Besides, only the President can CONVENE and CLOSE the Parliament; NOT the Speaker!
Also, the Govt will APPEAL the Supreme Court Decision, in particular the LIFTING of the TEMPORARY INJUNCTION issued by the 3 judges.
Furthermore, they are likely to also ask for a decision by the FULL Supreme Court comprising 11 judges in case they suspect that the 3 judge panel is BIASED!
Finally, as Neville points out, in our Presidential Democracy, the FINAL EXECUTIVE Power lies with the President, NOT the Supreme Court. While no President likes to IGNORE an order of the Supreme Court, he CAN & DOES SO in certain National Emergencies like the PRESENT ONE.