Fresh application challenges SC ruling on Expropriation Bill
View(s):A fresh application was filed in the Supreme Court on Thursday by public interest activist Nihal Sri Ameresekere seeking a review and re-examination by a fuller bench from the Supreme Court over a previous ruling relating to the controversial Expropriation law.
He has submitted that this ‘Special Determination’ by the court on 24th October 2011 on the ‘Expropriation Bill’, was made without the court having no jurisdiction to make such a determination. Under this law, several properties leased to private companies including the Sevanagala and Pelwatter sugar companies were taken back by the state.
In the petition, Mr Ameresekere is seeking a declaration that the Special Determination to be “ab-initio’ null and void and of no force or avail in law i.e. a nullity”.
The petitioner has cited Article 123(3) of the Constitution, which stipulates that the very moment the Supreme Court entertains any doubt on an ‘Urgent Bill’, that such bill is constitutionally deemed to have been determined as inconsistent with the Constitution.
Under this the court had no constitutional jurisdiction to make such a ruling, the petitioner claims.
He has extensively cited instances of several doubts having had, in fact, been entertained by the court whereby as constitutionally mandated, such Bill was deemed to have been determined to be inconsistent with the constitution.
In the petition, Mr Ameresekere has cited circumstances of ‘perceived judicial bias and disqualification’ in relation to the Special Determination of 24th October 2011 on the Expropriation Bill, which had been made ultra-vires Article 123(3) of the Constitution, and without the Supreme Court having had any jurisdiction. He has cited authorities and precedents claiming that the court had inherent jurisdiction to review its own Special Determination in this instance made ultra-vires the Constitution and without jurisdiction and that, in fact, the Supreme Court had rescinded and /or vacated Special Determinations made per-incuriam ultra-vires the Constitution.
The petition is to taken up for argument sometime in November.
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