The Supreme Court’s decisions cannot be overruled by any other forum, and neither the Prime Minister nor the Speaker have the ability to do so, the Bar Association of Sri Lanka announced today (28).
This statement was issued under the signature of BASL Secretary Chathura Galhena.
The BASL rejects the contention that the Supreme Court lacks the authority to challenge nominations made by the President and approved by the Constitutional Council.
In a statement, the BASL strongly condemned the government’s attempts to undermine the Supreme Court’s interim rulings over the appointment of Inspector General of Police Deshabandu Tennakoon.
The BASL maintained that the Constitutional Council’s decisions fall under the Supreme Court’s Fundamental Rights Jurisdiction in terms of Article 41J of the Constitution. The BASL said that following the 19th Amendment to the Constitution, the President’s powers, except for declaring war and peace, are subject to the Supreme Court’s Fundamental Rights Jurisdiction (Article 35).
“It is in the exercise of the said powers that the Supreme Court has previously quashed the grant of pardons by the President, quashed the dissolution of Parliament and held against the President who was in office during the Easter Sunday bomb attacks,” the BASL statement added.
In its statement, the BASL expressed its fullest confidence in the judiciary of Sri Lanka including the Supreme Court and that it will stand by the judiciary in order to ensure that its integrity is protected at this critical hour.
Source: dailymirror