“Corona Viral Diseases 2019 (COVID-19) (Temporary Provisions)” Act, recently drafted and presented to Parliament allows for the unlawful application of any law enacted in a foreign country that is not adhering to the constitution an Attorney says. He has filed a petition at The Supreme Court and the hearing of the petition began yesterday (17).
The case was taken before trial at Bar with Supreme court Judges, Murdu Fernando, Yasantha Kodagoda, and A.H.M.D Nawaz.
The petitioner, Attorney at law Aruna Laksiri Unwatuna had argued that certain provisions of the Act were unconstitutional when asked about the alternative courts to be created through this Act and the manner in which cases would be selected for that Court.
The petition was filed under Article 121 of the Constitution, which states that powers have sometimes been erroneously transferred to the Minister through the new Act, and that such unconstitutional clauses require the consent of the people in a referendum and require a two-thirds majority in Parliament.
Relevant Petition Corona Virus Diseases 2019 (Covid-19) (Temporary Provisions)” was published in a Gazette Notification dated May 20, 2021, and included in the Order of Parliament dated June 8, 2021.
“According to the interpretation of Article 12 of this Act, an informal manner has been created to incorporate the law of a foreign country into the legal system of Sri Lanka. I am not saying that the laws of a foreign country should not be applied to our country. But it must be done in accordance with the Constitution. Although this bill is what the country needs at this time, we must pass it in accordance with the Constitution. “
Commenting on this, Attorney-at-Law Laksiri Unawatuna told Lankasara.
Senior Deputy Solicitor General Nerin Pulle, who appeared for the Attorney General, told the court that the government intends to introduce certain amendments to the proposed bill during the committee stage of the hearing of the case yesterday.
The petition is due to be heard further today