The Supreme Court has not issued a determination cancelling the President’s decree on dissolution of Parliament for an election. What it has done is temporarily halting it with an interim decision, former Chief Justice Sarath N. Silva said yesterday.
Asked how Parliamentary proceedings may be carried out given such an order being issued, Silva said, “they could have sought an interim injunction from the Supreme Court, but such orders have not been issued by it.”
Asked what will be the best course of action to relax the tense situation prevailing in Parliament and outside, he said with reference to the legal perspective and the situation of the country, the best option for the country is to go for an election.
“The appointment of Mahinda Rajapaksa as the Prime Minister is a decision made for the benifit of the country and it stands as a temporary measure at this moment,” he said.
The power of a country to control its own government, fundamental rights and franchise are in people and are inalienable in the context of exercise of sovereignty in Sri Lanka.
The judiciary, the Supreme Court and other Courts of law in the country are only carrying out those powers, he pointed out.