Tamil Diplomat

SC seeks CJ’s determination on Fuller Bench sought by DEW

Supreme Court has referred the application made by Communist Party Chief DEW Gunasekera for the hearing of his petition by a Full Bench to the Chief Justice K.Sripavan for determination.

Bench comprised Justice Eva Wanasundera, Justice Buwaneka Aluvihare and Justice Upali Abeyratna.

Supporting the application, Counsel for the petitioner N. Kodituwakku submitted to Court that his client’s petition challenges the propriety of appointments of defeated Members of Parliament from the National List.

He argued that Article 14 of the Constitution permitting to appoint members of Parliament from the National List has not been amended properly in 1988. Therefore, Court is under duty to rectify the error. In this backdrop, the whole process adopted by the government in making the 14th Amendment had been absolutely improper.

He stated that however, the then Executive had deliberately avoided the due process in amending Article 14 of the Constitution and as a result the sovereign rights of the citizen enshrined in Article 3 of the Constitution have been taken away.

Counsel for the respondents objected to the submission and said that the petition can be heard by three judges.

Court put off hearing for Tuesday (29).