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The Supreme Court’s honour is harmed! MPs’ privileges were violated! A privilege issue against the Speaker on the 25th by Gammanpila!

April 18, 2023
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The Supreme Court’s honour is harmed! MPs’ privileges were violated! A privilege issue against the Speaker on the 25th by Gammanpila!
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The Sri Lanka Podujana Peramuna member of Parliament, attorney at law Udaya Gammanpila, has sent a letter to Speaker Mahinda Yapa Abeywardena, informing that the privilege of the petitioner MPs was violated when the Speaker announced the Supreme Court Determination on the Central Bank Bill.

It is also stated here that the Speaker’s announcement that the Supreme Court has decided that no section of the Bill is contrary to the Constitution has seriously damaged the dignity of the Supreme Court.

The MP has also mentioned in the letter that he expects to raise a privilege issue against the speaker and his press secretary in Parliament on April 25.

It says:

“When the Central Bank Bill was presented to the Parliament, it was hailed as a very decisive and perfect document, and it was challenged in the Supreme Court by some who were mentioned as saboteurs. However, seven petitioners including myself challenged this bill before the Supreme Court due to the extremely dangerous provisions and weaknesses in this document. A panel of lawyers led by President’s counsel Mr. Manohara de Silva appeared for us free of charge.

On April 4, 2022, you announced the Supreme Court decision on the Central Bank Bill to Parliament. There you mentioned that the Supreme Court has decided that no section of the draft is against the constitution.

But 80 amendments were proposed by the Supreme Court and the Attorney General in the Supreme Court decision. The Central Bank Bill, which proposed such a huge number of amendments, is the most flawed bill presented to Parliament in the history I know of.

The reputation of the Supreme Court was seriously damaged by the announcement that the Supreme Court had decided that no clause of one of the weakest bills in history was unconstitutional. It creates an unnecessary conflict between the legislature and the judiciary. Also, the weakness of the bill is a disgrace to the bar presented before the Supreme Court. The petitioners, led by members of parliament, who challenged the bill before the court, are also putting them in a difficult position.

Based on the above facts, it was my responsibility as a petitioner MP to come forward to immediately correct your statement that no section of the Central Bank Bill is against the constitution. I stated in a press conference that you made this statement based on a wrong advice given to you by an officer without reading the Supreme Court judgment properly, as the honor of you and the parliament must be protected. (A printout of the said statement is attached hereto as Annexure 4.)

Although you tried to inform me about this, I informed your coordination secretary, Dr. Chamira Abeywardena, as you were abroad. In the meantime, your press secretary Mr. Indunil Abeywardena issued a press release and stated that I have made a statement that misleads the country and the judiciary and that the relevant sources should be studied before making such a statement and that what I did was a base attempt to achieve narrow political goals.

I have made the said statement after proper study of all the sources. As a lawyer as well as a responsible politician, I have never made statements without proper study. In such a background, a Member of Parliament who tries to highlight a wrongful act regarding the parliamentary matter; which has being highlighted as a wrongful and unwanted matter has violated my privileges under the Parliamentary (Powers and Privileges) Act which is an attempt to create a wrong impression in the court and the entire society about a statement made on a parliamentary matter, insulting me basely and obstructing my parliamentary activities.

I expect to raise an issue of privilege against you and your press secretary in Parliament on April 25, 2023, so I would be grateful if you would give me the opportunity to do so.”

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