SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu N. B. Fernando, JJ., rejected a motion requesting the court to issue a Sinhala translation of the judgment delivered in the fundamental rights application which was filed alleging that the Proclamation issued by the former President, by Gazette No. 2096/70 as on 09-11-2018 dissolving the Parliament and calling for the election of the Members of Parliament, was contrary to Articles 10, 12(1), 12(2), 14(1)(a), 14(1)(c) and 14(1)(f) of the Constitution.

The instant application was filed against the Attorney-General in terms of Article 35 of the Constitution on the basis that the aforementioned Gazette was issued by the former President, the petitioner being Attorney-at-law had filed the application in the interest of public praying to suspend the operation of the Proclamation issued by the President dissolving the Parliament, to stay the holding of Parliamentary Elections, to declare that the respondent had violated the petitioner’s fundamental rights and to quash the said Proclamation dissolving Parliament.

The Court explained that the petition of the said fundamental rights application in which the judgment was delivered, was filed by Rajavarothiam Sampanthan citing the Attorney-General, the Chairman and the members of the Election Commission as respondents and the petitioner was neither a party nor an Attorney-at-Law who represented any of the parties in the said application. Thus, rejecting the motion the Court held that the petitioner was not entitled under Article 24(3) of the Constitution to obtain a translation of the judgment delivered in the said application.[Aruna Laksiri Unawatuna v. Maithripala Sirisena, SC (FR) Application No. 357 of 2018, decided on 14-10-2020]


Suchita Shukla, Editorial Assistant has put this story together

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.