Dismiss Sarath Silva’s FR petition in limine:Activist Laksiri pleads

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Attorney-at-law and public interest litigation activist Aruna Laksiri has urged the Supreme Court to dismiss in limine the Fundamental Rights petition filed by former Chief Justice Sarath N Silva challenging the enactment procedure of the Provincial Council Bill.

He pleaded in his intervention petition that petitioner Sarath N Silva cannot challenge a bill passed in Parliament since it becomes law when the certificate of the Speaker is endorsed in terms of Article 80 (1) of the Constitution. A bill passed in Parliament cannot be challenged in Court through a Fundamental Rights petition. He has filed this Fundamental Rights petition in contrary to the provisions of the Constitution and undermining the sovereignty of the people exercised by Parliament.

The intervention petition said the Fundamental Rights petition filed by former Chief Justice was erroneous since the Speaker had been named as a respondent in contrary to the Parliamentary Privileges Act.

In his Fundament Rights petition, former Chief Justice Sarath N. Silva sought a declaration that the Fundamental Rights of the petitioner guaranteed by article 12(1) of the constitution has been infringed or is likely to be infringed by the executive or administrative actions of respondents.

The former Chief Justice cited Speaker Karu Jayasuriya, Attorney General Jayantha Jayasuriya and Chairman and members of Election Commission as respondents.

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