FR filed challenging summoning of Parliament

A Fundamental Rights petition was yesterday filed in the Supreme Court seeking a declaration that the Secretary General of Parliament and the Attorney General have no authority or power under the Constitution to summon Parliament in the absence of any order by the Supreme Court quashing the proclamation of the President published in the Gazette dated November 9 dissolving Parliament. This petition was filed by former Parliamentarian Sarath Weerasekara through Attorney-at-Law Chandra Perera.

The petitioner named the Speaker, Secretary General of Parliament and the Attorney General as respondents in the petition.

The petitioner further sought a declaration that Parliament cannot be re-summoned on the strengthen of the Interim Order of the Supreme Court dated November 13, 2018.

In his petition, former MP Weerasekara further sought an declaration that fundamental rights of the petitioner guaranteed under Article 12(1) of the Constitution have been violated by Secretary General of Parliament and Attorney General.

The petitioner maintained that as Parliament has been dissolved by proclamation, the Interim Order staying the operation of the same cannot have the effect of the re-convening of Parliament, which continues to stand dissolved until the quashing of the said proclamation.

Therefore, summoning Parliament in disregard of the true meaning of the stay order of the Supreme Court and conducting proceedings therein as undissolved will lead to serious issues relating to the parliament.

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