The Supreme Court refused the request for a full-bench hearing for the National List case. “I am of the view that the matters involved in this case are not of General and Public importance. Hence the request made in terms of Article 132 (3) (iii) of the Constitution is refused” Chief Justice K. Sripavan said.
“People’s outcry and disgust overwhelmingly expressed about blatant violation of their sovereign right of franchise guaranteed by the Constitution (Article 3) was understandable. There is no doubt that party secretaries cannot exercise people’s sovereign rights, without a mandate been obtained from the people at a referendum to appoint rejected candidates as MPs to the Parliament, through the National List provision in the Constitution (Article 99A). And there was no referendum held in this regard which was a must and hence any law enacted in violation of the mandatory requirement (Article 83), as set out in the Constitution has no force in law and shall not be deemed to amend the Constitution [Article 83 (6)].” Public Interest Litigator, Nagananda Kodituwakku told Colombo Telegraph.
The Petition filed in Supreme Court, which was published in the Colombo Telegraph, is amply supported with abundance of evidence that speaks volumes about the commission of a serious fraud by all three Organs of the Government, the Legislature, Executive and five Judges of the Supreme Court, who had contributed for the insertion of the National List Clause (Article 99A) (surreptitiously introduced through the 14th amendment to the Constitution in 1988) bypassing the mandatory requirement of obtaining a mandate from the people.
The Judiciary of the Republic of Sri Lanka exercises judicial power of the people on trust and is under duty to uphold, protect and vindicate the rights of the people, protected by some entrenched provisions in the Constitution. Therefore, considering the National importance of this case, which had affected the sovereign right of franchise of all citizens, Counsel Nagananda Kodituwakku, made a request to the Chief Justice, Mr K Sripavan, in terms of Article 133 (3) (iii) of the Constitution for appointment of all the judges in the Supreme Court to hear this case, particularly considering the betrayal of people’s Judicial power by five Judges in the Supreme Court purportedly under moral duress.