Written by Staff Writer
13 Dec, 2018 | 8:28 pm
Colombo (News 1st) – The Supreme Court today (Dec 13) unanimously ruled that the gazette issued by the President dissolving Parliament be quashed. The Supreme court’s determination was that the fundamental rights of the 13 petitioners had been violated as a result of this gazette.
The judgment pertaining to the fundamental rights petitions filed against the Gazette issued on the 9th of November dissolving parliament was delivered at 4.55 PM today.
The Petitions were taken up before a 7 judge bench comprising Chief Justice Nalin Perera, Justices; Sisira De Abrew, Buwaneka Aluvihare, Vijith Malalgoda, Prasanna Jayawardhena, Priyantha Jayawardhena, and Murdu Fernando.
The judgment of ratio decidendi or the reason for the decision was read out by Chief Justice Nalin Perera while Justice Sisira De Abrew read out the obiter dictum of the judgment.
The 7 judge bench unanimously declared that the President does not have the power to dissolve parliament before 4 and half years. The Supreme Court determined that if the President is to dissolve parliament before 4 and a half years, there must be a resolution passed with a two-thirds (2/3) majority in Parliament.
The UNP, TNA, JVP, ACMC and other political parties along with civil societies submitted petitions against the gazette issued dissolving Parliament.
Chief Justice Nalin Perera, Prasanna Jayawardhena and Priyantha Jayawardhena considered the petition on the 13th of last month and issued an interim injunction order against the gazette until the 7th of this month. The Supreme Court taking up the case said that the case will be heard on the 4th 5th and the 6th of December.
Intervening Petitions were submitted by Udaya Gammnapila and others and requested the Supreme Court to take up the case before a full bench instead of a three-judge bench. Thereby the 7 judge bench that was appointed took up the case from the 4th of this month until the 7th and considered 10 petitions and 8 petitions filed by intervening parties.
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