Court has jurisdiction: President’s Counsel | Daily News

Court has jurisdiction: President’s Counsel

President’s Counsel Romesh de Silva yesterday, informed Supreme Court that no Court in the country had jurisdiction to take up a Fundamental Rights Application challenging the Constitutionality of the National Government for hearing.

Romesh de Silva PC appearing for the Cabinet of Ministers who have been cited as respondents, informed Court that the Speaker of Parliament had recognized the present government as a National Government and the Prime Minister had also been mentioned about the National Government in Parliament.

The Counsel informed Court that any issue concerning National Government, could not be challenged in any Court of Law in the country, as it comes under the purview of Parliamentary privileges.

He cited that no Court has jurisdiction to hear the petition challenging the National Government and deliver judgement.

The Counsel appearing for the Cabinet of Minister, made these observations when the petition was taken up before the Supreme Court yesterday.

The Supreme Court fixed for support the Fundamental Rights petition that sought a declaration that the government formed after August 17 General Election, is not a National Government within the meaning of Article 46(5) of the Constitution.

The petition had been filed by former MP Rear Admiral Sarath Weerasekara and Prof. Wimaladharma Abeywickreme, through Senior Counsel Kanishka Vitharana.

The petitioners had cited 242 parties, including the Cabinet of Ministers, Members of Parliament and recognised political parties as respondents. 

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