DHARSHANA WERADUWAGE

VS.

 1. HON. ATTORNEY GENERAL
2. HON. RANIL WICKREMESINGHE

SUPREME COURT
B.P.ALUWIHARE.PC.J.
UPALY ABERATHNE.J.
K.T.CHITRASIRI.J.
SC FR 233/16
04.10.2016

Parliamentary privileges- Leave to appeal- Support- Article 12(1) and 14(g)-Preliminary Objection-Jurisdiction of Supreme Court- Parliament (Powers and Privileges Act)

This was a leave to appeal application. On the date of support a preliminary objection was raised as regards the maintainability of the application.

Complaint of Petitioners is regarding a statement made by the Hon. Prime Minister in response to a statement made by a member of Parliament in the course of parliamentary proceedings. Counsel for the respondent contended that the Supreme Court would not have Jurisdiction to delve into the issues raised by the Petitioners in view of Constitutional provisions that ousts the Jurisdiction.

HELD:

1. A plain reading of this constitutional provision referred to above, has no ambiguity whatsoever and the provision simply states that the judicial power of the people is to be exercised by Parliament with regard to matters relating to privileges, immunities and powers of Parliament.

In