The Supreme Court has rejected a request to have petitions filed against the 22nd Amendment to the Constitution, presented by the Government to Parliament, heard before a full bench of the Supreme Court.
The petitions were taken up today before a five-judge bench headed by Chief Justice Preethi Padman Surasena, when President’s Counsel M.A. Sumanthiran, appearing for one of the petitioners, made the request.
He requested that the petitions be heard before a full bench comprising all judges currently serving on the Supreme Court.
President’s Counsel Saliya Peiris, Ali Sabry, Jeffrey Alagaratnam, Eraj de Silva, Srinath Perera, Anura Meddegoda and Maithri Gunaratne, among other lawyers appearing for several other petitioners, also supported the request.
However, Solicitor General Viraj Dayaratne, appearing for the Attorney General, submitted that the authority to determine the composition of a bench rests with the Chief Justice.
He pointed out that under Article 132(3) of the Constitution, the Chief Justice has the discretion to determine the number of judges who should sit on a particular bench, and that no other party has the authority to intervene in that decision.
President’s Counsel Nigel Hatch and other lawyers appearing for an intervening petitioner also submitted that the discretion to determine the composition of a bench lies with the Chief Justice.
After considering all submissions, the five-judge bench issued an order rejecting the request to have the petitions heard before a full bench.
