11 August, 2020

Blog

Supreme Court Declares Two Other Bills Unconstitutional

By Colombo Telegraph

Justices Shiranee Tilakawardane

The Supreme Court has declared two clauses of the Appropriation Bill (2012) inconsistent with the Constitution. A three judge Bench comprising Justices Shiranee Tilakawardane, Priyasath Dep and Eva Wanasundera held that the two clauses in the Bill, unless amended in line with its determination, would violate the constitutional provision giving Parliament full control over public finance, because they provide too much discretion to the executive in the disbursement and raising of public funds. The Court’s Special Determination was made on a challenge to the Bill by the Centre for Policy Alternatives (CPA).

Meanwhile, another three judge Bench comprising Justices P.A. Ratnayake, Chandra Ekanayake and S.I. Imam declared a provision relating to the detention of persons in the Criminal Procedure (Special Provisions) Bill (2012) also inconsistent with the Constitution, unless it was amended in line with an undertaking given to court by the Attorney General.
Both determinations of the Supreme Court are reproduced below.
Supreme Court Determination -Appropriation Bill

Supreme Court Determination – Criminal Procedure (Special Provisions) Bill

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Latest comments

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    Well done Colombo Telegraph for the good investigative work. It is a matter of some satisfaction at least a part of our higher judiciary shows semblance of the required impartiality expected in a free society. But then anything is possible in an environment where the reins of governance are in the hands of unpredictable semi-literates
    given to venality and mendacity.

    Lawyer Elmore Perera writes here the moment Rambukwella says “the Govt is not going to interfere with the CJ” most knew just the opposite will take place. It was. The type of Ministers we have.

    Senguttuvan

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    The trend is clear, women in the Supreme Court of Sri Lanka are setting about cleaning up the mess in the judicial system caused by Executive greed abuse of power and interference in the judiciary by Rajapassa, on the one hand, and the abuse of power by former CJs, the nasty and sleezy creep Sarath Silva like who is also well known as an abuser power and women– under whom the judicial system of Lanka hit unprecedented lows!
    The Judiciary of Sri Lanka has been under attack from within and without – by some scum of the earth legal practitioners and by the President of Sri Lanka who should be stripped on impunity and impeached..

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    Doubt it if intellect Shiranee Tilakawardane would accept the post of CJ after the present is removed because she and hubby are cultured and would not live under the hammer rajapakistan.

    • 0
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      I thought the post of CJ is reserved for Moron Peiris???

  • 0
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    Excellent! Good to see that the Judiciary is not going to be cowed down and will uphold the scales of justice and the constitution.

  • 0
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    Its very heartening to note that the Supreme Court stands tall as before as the custodian of the rights of the people and the guardian of the sovereignity of the people.Politicians come and go but instituitions such as the Supreme Court which has admirable traditions to fall back on must preserve and ensure continuity and not cave into a government where the majority are puppets on a string.
    Its now widely known that the most senior judge Malani Gooneratne who was recommended was not appointed and someother was appointed obviously a lackey.
    G.L.Peiris distorted truth and misled Parliamment by saying that Judge Tillekaratne who was assaulted by government goons was the 29th in the order of seniority where no seniority need was specified in the constituition.Its strange that he did not know that the previous shameless bootlicker Asoka de Silva who gave judgements to suit the ruler who was given employment immediately after retirement employing his brother who was below the present incumbent in the list as Secretary JSC.Is the justice that they hope to dispense having lackeys like the dancer who sent the best army commander of the world to jail to please the master that the apex court need.We hope the entire judiciary will stand together and not cave into any politician of whatever colour as the people desperately need an independent just judiciary

  • 0
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    God bless the independent judiciary of Sri Lanka. Lady Justice is alive and well on the Hulftsdorp Hill.

  • 0
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    Rulings of the learned judges are pearls before the swine! Modawansa and the like will soon interpret the court rulings as part of an international conspiracy being hatched by `American and British imperialists’ in connivance with the `local NGO traitors.’

    By the way, how is that the sycophants of the regime ensconsced in state media continue to abuse the judicial officers with impunity.? Why aren’t they prosecuted on contempt of court charges?

  • 0
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    LETS GO SUPREME COURT !!! GO ! GO ! GOOOOOO!

  • 0
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    Let us now support the MR regime in impeaching all the judges who give judgements against the regime! How dare they? This is MR country. All must do as MR says, talk as MR says and will be rewarded.

  • 0
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    Doubtfully watching the bravery of judiciary.

  • 0
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    My strong advice to HE The President is to send all these judges home and ask HE the Defence Secretary to appoint some Army Generals to run the Courts.

    These Judges will question the normal Ministers first, Miister GLP and Minister Mervyn next, then Rajapakse Family. How can we allow this?????

    • 0
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      Rohan,
      You may be right.
      The supreme court declared that Courts Martial are equal to all other courts during the Sarath Fonseka Court Martial
      pertaining to the “white flag” inquiry.
      At that time someone said that a Major General my replace the Chief Justice !

  • 0
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    ALL JUDGMENTS AND VERDICT ARE AGAINST PEOPEL’S MANDATE BY PAID TAX PAYERS MONEY OF JUDGES.THIS IS NOT INDEPENDEANCE OF JUDICIARY,THIS IS HYPOCARCY OF JUSTICE OF ONGOING COURT OF LAW.

  • 0
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    Any idea what happened to the SC order on Divineguma which was submitted to the speaker? Could you have it published in full please?

    Surely every one in the country is entitled to read the opinion of the Court rather than it being shrouded in mystery?

    • 0
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      Hmmm. Anything for free has no value;)

  • 0
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    The first bill wanted the Defence Minister ( MR ) to be able to spend public funds without sanction of parliament.
    The seond,to extend persons arrested to be held by police,for 48 hours – as aginst 24hrs hitherto.
    The Court has struck down both. All citizens should welcome this.

  • 0
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    YES, WE WELCOME THE JUDICIARIES COURAGE,NOW, BUT WHY DID THEY WAIT TILL THEIR CJ IS TO BE IMPEACHED TO DIVULGE THIS COURAGE. DOES IT MEAN THAT ALL THIS TIME THEY WERE DOLING OUT INJUSTICE IN THEIR DECISIONS FOR FEAR OF THE EXECUTIVE ? WHAT A COUNTRY OF SPINELESS SOB’S.

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    What the heck are folks at the AG’s dept doing here ?
    Aren’t they suppose to check the constituionality of the law before submitting it for approval to parliament ?
    Is it correct that the AG’s dept is packed with JHU folks ?
    Are we heading towards a democratic, religious theocracy ? HOLY.

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      Everything has been figured out except how to live.

  • 0
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    I believe it is Tisaranee Gunasekera in one of her recent articles said that “ it takes only one small snowball to start an avalanche”

    Well…..we have 3 small snowballs now!

    • 0
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      Well….Words are loaded pistols!

  • 0
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    ‘Anything for free has no value’- probably a tongue in cheek comment.

    It is not available even at a price. The Courts opinion are important because they interpret the constitution. Therefore, i do not see why it should not be made available free of charge to the public.

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