Respect The Authority Of The Supreme Court – LfD

By Colombo Telegraph -November 30, 2012

“‘Lawyers for Democracy’ earnestly appeals to Members of Parliament to respect the authority of the Supreme Court as laid down in the Constitution and to see that Rule of Law and Independence of the Judiciary is upheld.” says LfD.

Lal Wijenayaka

“Article 125 of the Constitution lay down that the Supreme Court has the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution. The applications by petitioners before the Court of Appeal and the Supreme Court relates to the interpretation of the validity of standing order 75A under the Constitution. All organs of State and authorities are bound by the interpretation of any provision of the Constitution as determined by the Supreme Court.” issuing a statement LfD convener Lal Wijenayakefurther says.

We below publish the full text of the statement;

‘Lawyers for Democracy’ views with deep concern the ruling given by the Speaker of Parliament on the notices served from Courts on the Speaker and members of the select committee appointed to inquire into the charges contained in the impeachment motion on the Chief Justice.

Article 125 of the Constitution lay down that the Supreme Court has the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution. The applications by petitioners before the Court of Appeal and the Supreme Court relates to the interpretation of the validity of standing order 75A under the Constitution. All organs of State and authorities are bound by the interpretation of any provision of the Constitution as determined by the Supreme Court.

Therefore it is untenable for any authority to proclaim that they will not be bound by the interpretation of a provision of the Constitution determine by the Supreme Court.

Any attempt to disregard the interpretation of any provision of the Constitution and / or any law will lead to anarchy and to the complete breakdown of the Rule of Law and the Independence of the Judiciary.

It is only proper for the persons noticed to appear before the Supreme Court to appear and place before the Supreme Court their view on the interpretation of the relevant provisions. All Members of Parliament are bound by their oath to uphold the Constitution. Any Confrontation between the legislature and the judiciary and disregard of the duty and responsibility to respect and uphold the Constitution will shake the foundation of democracy itself.

It has also to be stated that under the Constitution it is only the President who has the immunity from not appearing before any Court. No Member of Parliament or any other authority has the right to disregard an order of the Supreme Court or any other court to appear before Court.

‘Lawyers for Democracy’ earnestly appeals to Members of Parliament to respect the authority of the Supreme Court as laid down in the Constitution and to see that Rule of Law and Independence of the Judiciary is upheld.