PM’s remark is a major blow to the independence of the judiciary: Silva

PM’s remark is a major blow to the independence of the judiciary: Silva

May 17, 2015   04:07 pm

Prime Minister Ranil Wickramasinghe’s recent remark, concerning the order of the Supreme Court on the former Defence Secretary’s fundamental rights petition, is a major blow to the independence of the judiciary and the rule of law, Opposition Leader and Sri Lanka Freedom Party (SLFP) MP Nimal Siripala de Silva said today (17).

The Opposition Leader also pointed out the order, which had been issued with respect to the FR petition that filed to challenge the legality of establishing the Financial Crimes Investigation Division (FCID) and to prevent Gotabaya Rajapaksa’s imminent arrest, is a ‘lawful’ one.

Prime Minister Wickremesinghe on Friday (15) asserted that a “defect” may exist with regard to the recent Supreme Court order on the FR petition because such a stay order requires a minimum of three judges.

The Supreme Court last week issued the interim order preventing the former Defence Secretary’s arrest until the determination of the FR petition filed by him.

The case was taken up before a three-member judge bench comprising Justices Eva Wanasundera, Sisira De Abrew and Buwaneka Aluwihare.

However, Justice Buwaneka Aluwihare decided to step down on personal grounds and therefore the petition was considered by only two judges, who postponed the hearing until October 06.

Wickremesinghe said that he has received a copy of the petition, received at the Cabinet Office, and that however he has not been served with a copy of the petition, which consists of 600 pages. The Prime Minister also stated that he has instructed his lawyers to discuss the matter with the Additional Secretary of the Prime Mister’s Office and to then take it up with the Attorney General and to let him know the position in regard to this case.

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