22 September, 2018

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National List Back Door Entry Case: Full Text Of The Written Submission

The fundamental rights application challenging the appointment of rejected candidates through the national list filed by DEW Gunasekara, the former Minister of UPFA Government was taken up in the Supreme Court yesterday, before a Bench comprising Justice Chandra Ekanayake, Justice Priyantha Jayawardana and Justice Upali Abeyratna.

DEW

DEW

Nagananda Kodituwakku, Counsel appearing for the Petitioner DEW Gunasekara, submitted to Court that a Bench of 5 Judges has made a manifest error by determining that the draft bill referred to the Court with a provision permitting defeated candidates at the Election to be declared elected as MPs by Party Secretaries as ‘an urgent bill’ by the then President was consistent with the Constitution and not required peoples approval at a referendum.

The counsel submitted that the law required any bill to amend the constitution shall be placed on the order paper and be gazetted for the information of the citizens to raise their objections. However, this constitutional requirement had been by passed by the then President absolutely denying the people any access whatsoever to the draft bill. Therefore, the Counsel submitted to the Court that the process so followed by the then President was outlawed by Article 82 of the Constitution and as such the 14th Amendment passed without adhering to the due process was ab initio void and not good law.

The counsel further submitted to Court that since the said determination had been made by 5 Judges and as the matter canvassed in the Petition concerns the sovereign rights of the citizens enshrined in Article 3, which was of national importance, there shall be appointed to the full Bench of the Supreme Court to hear and determined the case.

However, As Justice Priyantha Jayawardena declined to take part in the hearing, a written submission the Counsel tendered to the Court was not accepted and the matter was re-fixed for support on 23rd of September 2015.

Faiz Mustapha PC, appeared for UPFA General Secretary Wiswa Warnapala whilst Saliya Pieris, PC appeared for Thilanga Sumathipala.

Counsel for the Petitioner filed his written submission on the same day at the Registry of the Supreme Court, seeking appointment of the full Bench of the Supreme Court.

Click here to read the written submission.

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Latest comments

  • 2
    2

    Dew Gunesekara

    You said that LTTE’s Yogi and Balakumar were killed in the battle front with the army.

    There is evidence that they were taken away in bus loads of LTTE surrendees on the 19th May 2009.

    The latest UNHRC report says that those taken in bus loads were killed.

    What is your response to this revelation to justify your bull shit justification.

    Hold the hand of Prof Tissa Vitharane and enjoy your retirement life in the Galle Face Green without doing any more unwanted politics.

    I was for Mahinda before and not so anymore. I now realise Mahinda and his Chinthana are the root causes of the problems and I walked away from him after the general election.

    You guys enjoyed the benefits of his Chinthana and want to prop him up to extend enjoyment of his kudos until your death.

    • 0
      0

      What does it matter, Nirmalan. Terrorists do not deserve a decent death. Thank MR and Gota for bringing peace to the country.

  • 0
    1

    True,DEW,VASU and Dr.Tissa Vitarana,the onetime veteran Leftists burnt their boats by joining MaRa.
    However,in this case,a principle is involved.Can a defeated candidate,at a General Election,enter Parliament by other means through the National list?
    I see this as a moral issue.Has Parliament legislated to also permit this Backdoor entry?

  • 0
    0

    [Edited out]

  • 0
    1

    DEW-VASIDEVA-PISSAVITHRANA-needs a good rest.first and foremost can DEW and company go to courts if KING-RAJAH was in power.all these so called dead left wing people danced to RAJAPAKSAS rule now has suddenly talking about justice and fair play.that is sri-lankan dirty politics.

  • 0
    0

    Blatant example of the culture of impunity prevalent in SL.
    Repetitio est mater studiorum.

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