The Supreme Court rejected the request made by the petitioners to have the petitions filed challenging the 22nd Amendment to the Constitution, which was presented to Parliament by the government, considered before all the justices of the Supreme Court.
Delivering the order, the Chief Justice stated that the request had been rejected and that the consideration of the petitions would proceed before the existing bench.
President’s Counsel M.A. Sumanthiran, appearing on behalf of one of the petitioners, made this request when the petitions were called for hearing today before a five-judge bench of the Supreme Court headed by Chief Justice Preethi Padman Surasena.
Accordingly, President’s Counsel requested the Court to take measures to have the petitions considered before a bench comprising all the sitting judges of the Supreme Court.
In addition, President’s Counsel Saliya Pieris, Ali Sabry, Geoffrey Alagaratnam, Eraj de Silva, Srinath Perera, Anura Meddegoda, and Maithri Gunaratne, along with other counsel appearing for several other petitioners, also made the same request.
Making submissions before the Court, Solicitor General Viraj Dayaratne, appearing on behalf of the Attorney General, pointed out that the authority to determine the composition of a judicial bench rests with the Chief Justice.
Accordingly, referring to Article 132(3) of the Constitution, the Solicitor General submitted that the discretion to determine the number of judges on a bench lies with the Chief Justice and that no other party has the authority to interfere in the matter.
Counsel including President’s Counsel Nigel Hatch, appearing for an intervening petitioner, also made submissions pointing out that the discretion to determine the composition of a bench rests with the Chief Justice.
The five-judge bench issued the order after considering all the submissions and facts presented before the Court.
