BASL Urges CJ Not To Make An Exception To The Past Tradition In Third Term Case

November 09, 2014

While writing a letter to the Supreme Court insisting the necessity of oral hearing into the opinion sought by President regarding the constitutionality to contest for a third term under the 18th amendment to the Constitution, Sri Lanka Bar Association President Upul Jayasuriya urged Chief Justice Mohan Peiris not to make an exception to the past tradition of oral hearing.

Jayasuriya stated that the BASL too had identified its national importance and had obtained an opinion from an internationally acclaimed constitutional expert of Sri Lankan origin Prof. Suri Ratnapala, which has been overwhelmingly concurred by the Executive Committee of the BASL and by a group of eminent persons including National Preeminent Academics in Law at a public forum.

BASL president also maintained that in terms of Article 129(1) an extension of time could be sought and obtained by the Supreme Court for the delivery of the said opinion, as inter alia,

(a). the incumbent President of republic has over two years left of his term of office,

(b). there is no urgency in this matter, and certainly no urgency such as would require refusal of an extension of time of up to two weeks,

(c). in view of the constitutional and public importance in the name of maintenance of democratic values, it is essential that members of public, especially the BASL, which represents over 14,000 lawyers being concerned about matters of constitutional importance, be granted an oral hearing.