Breaking News – Supreme Court Verdicts Stand Unchallenged

News Today: Supreme Court Verdicts Unchallenged by Constitutional Council

The Lawyers’ Collective, a prominent legal advocacy group in Sri Lanka, charged that the Supreme Court verdict cannot be challenged by the Constitutional Council. During a media conference, they accused the President and Cabinet of ‘willful disobedience’ of court orders after the Prime Minister stated in Parliament that IGP Deshabandu Tennakoon would continue his role despite a Supreme Court interim order.

The Lawyers’ Collective warned that the Cabinet’s attitude could hinder the democratic process and disrupt the country’s progress. They highlighted that Deshabandu Tennakoon might be liable for Contempt of Court under Section 3(2) of the Contempt of a Court, Tribunal or Institution Act, No. 8 of 2024. President’s Counsel Upul Jayasuriya rejected claims that the Supreme Court lacks jurisdiction to issue orders against Constitutional Council decisions.

President’s Counsel Saliya Pieris objected to the Prime Minister’s assertion that the activities of the Constitutional Council cannot be challenged by the Supreme Court. He stressed that this was false and invalid by law. According to Article 41(J) of the Constitution, the Supreme Court has Fundamental Rights jurisdiction over the Constitutional Council’s affairs, which it has exercised for 22 years.

Pieris mentioned that decisions by the President can be challenged via a Fundamental Rights petition following the 19th Amendment to the Constitution. If the President fails to appoint an Acting IGP, he must assign the duties to a suitable person per constitutional provisions. Pieris also noted that a Supreme Court order cannot be invalidated by a Prime Ministerial speech.

President’s Counsel Jeffry Alagaratnam concluded that neither Parliament, the President, nor the courts are superior to the Constitution and that only the court can interpret it.