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BASL alleges govt. trying to subvert the course of justice in relation to the interim orders given by SC in the cases relating to the appointment of IGP
The Bar Association of Sri Lanka (BASL) has accused the Wickremesinghe-Rajapaksa government of trying to undermine the Supreme Court.
In a strongly-worded statement issued yesterday (27), the BASL declared that the decisions of the Supreme Court couldn’t be overruled by any other forum and neither the Prime Minister nor the Speaker have any authority to override the decisions of the Courts.
The following is the text of the BASL statement:
‘The Bar Association of Sri Lanka (BASL) strongly condemns the efforts of the Government to subvert the course of justice in relation to the interim orders given by the Supreme Court in the cases relating to the appointment of the Inspector General of Police, Mr. Deshabandu Tennakoon.
In the said cases, a three-judge bench of the Supreme Court heard all parties including the Attorney General and counsel for Mr. Tennakoon and delivered its order granting leave to proceed. The Court also issued an interim order restraining Mr. Tennakoon from exercising the duties, functions and powers of the Inspector General of Police until the final determination of the applications. The said cases had been fixed for hearing on 11th November, 2024, with the consent of all parties including the Attorney General and all counsel.
The claim that the Supreme Court does not have power to call into question appointments made by the President which are approved by the Constitutional Council is, in the view of the BASL, totally untenable.
The decisions of the Constitutional Council are clearly amenable to the Fundamental Rights Jurisdiction of the Supreme Court (as per Article 41J of the Constitution). It is equally clear that following the 19th Amendment to the Constitution the exercise of powers by the President, except his power to declare war and peace, are subject to the Fundamental Rights Jurisdiction of the Supreme Court (as per Article 35 of the Constitution).
It is in the exercise of the said powers that the Supreme Court has previously quashed the grant of pardons by the President, quashed the dissolution of Parliament and held against the President who was in office during the Easter Sunday attacks.
In the case of Edward Siva V Dr. Shirani Bandaranaike [1997(1) SLR 92] a seven-judge bench of the Supreme Court held as follows, quoting with approval the decision of the Supreme Court in Bandara v Premachandra [1994(1) SLR 301].
“In common with Courts in other democracies founded on the Rule of Law, this Court has consistently recognised that powers of appointment are not absolute: “There are no absolute or unfettered discretions in public law; discretions are conferred on public functionaries in trust for the public, to be used for the public good, and the propriety of the exercise of such discretions is to be judged by reference to the purposes for which they were so entrusted.”
The decisions of the Supreme Court cannot be overruled by any other forum; neither the Prime Minister nor the Speaker have any authority to override the decisions of the Courts.
It is essential for the Rule of Law and the independence of the judiciary that the executive and legislature respect the judgments of the courts of the land. Failure to honour the decisions of the courts of the land by the Government will result in a loss of public confidence in the administration of justice and will seriously imperil democracy.
The BASL expresses its fullest confidence in the judiciary of Sri Lanka including the Supreme Court and will stand by the judiciary in order to ensure that its integrity is protected at this critical hour.”
In Johor, fast bowler Isani Vageesha’s 3 for 10 and offspinner Ritu Singh’s 2 for 8 rattled Ireland as USA got off to a strong start in the Women’s Under-19 World Cup. Their first match against Pakistan was abandoned due to rain.
After opting to bat, Ireland were all out for 75 in off 17.4 overs with Chetnaa Prasad, Aditiba Chudasama also chipping in with a couple of wickets each. USA chased down the target in 9.4 overs with opener Disha Dhingra top-scoring with 46 off 33. Dhingra smashed five fours and two sixes and put on 75-run stand with Chetna Pagydyala, who remained unbeaten on 23 not out. USA moved to the top of Group B with their eight-wicket win.
England also started their campaign with a convincing win over Pakistan in Johor. England’s first game was also washed out.
Seam-bowling allrounder Amu Surenkuma struck with consecutive deliveries in the fifth over, and then picked another wicket in the seventh to leave Pakistan flailing at 27 for 3. Allrounder Olivia Brinsden, offspinner Eve O’Neill and left-arm spinner Tilly Corteen-Coleman then took two wickets each to skittle Pakistan out for 66. Only three batters made it to double-figures, with No. 5 Zoofishan Ayyaz’s 15 the highest score for Pakistan.
Then, despite being reduced to 19 for 3, England completed the chase with ease, with captain Aby Norgrove and wicketkeeper Katie Jones sealing a six-wicket win with more than 10 overs to spare. While Norgrove made an unbeaten 14 off 9 balls, Jones made 20 off 16, and hit the only six of the match to complete the victory.
Brief scores:
Ireland Women Under 19s 75 in 17.4 overs [Alice Walsh16, Freya Sargent 10, Lara McBride 13, Abbi Harrison 13; Aditba Chudasma 2-16, Ishani Vaghela 3-10, Ritu Singh 2-08, Saanvi Immadi 1-15, Chetnaa Prasad 1-12] lost to USA Women Under 19s 79/1 1n 9.4 overs [Disha Dhingra 46, Chetna Pagydyala 23*; Lara McBride 1-09] by nine wickets
Australia survived a scare against Bangladesh to complete their second straight victory in the Women’s under 19 World Cup. Chasing 92, they won with only two wickets in hand and four balls to spare.
Having lost the toss, Bangladesh slumped to 91 for 9 in 20 overs, with Afia Ashima top-scoring with 29 at No.7. Left-arm seamer Eleanor Larosa took two wickets in her first over to reduce Bangladesh to 18 for 3, and Caoimhe Bray and Tegan Williamson also picked up two wickets each.
Williamson was also needed at No. 10 in the chase, after Bangladesh offspinner Jannatul Maousa and some poor running between the wickets triggered Australia’s collapse from 50 for 1 to 86 for 8. But captain Lucy Hamilton’s 30 and Ella Briscoe’s 11 off 22 balls sealed a two-wicket win in Bangi.
Brief scores:
Bangladesh Women Under 19s 91/9 in 20 overs [Sumaiya Akther 13, Afia Ashima 29; Chole Ainsworth 1-23, Hasrat Gill 1-18, Caoimhe Bray 2-18, Eleanor Larosa 2-19, Tegan Williamson 2-12] lost to Australia Women Under 19s 92/8 in 19.2 overs [Kate Pelle 16, Ines Mckeon 14, Lucy Hamilton 30, Ella Briscpoe 11*; Nishita Akter Nishi 1-19, Anisa Akter Soba 1-18, Habiba Islam 1-12, Jannatul Maoua 3-15] by 2 wickets
Nigeria stunned New Zealand to post their maiden victory at the Women’s Under-19 World Cup. This was their first completed game in their maiden Under-19 World Cup appearance after their first match was washed out on Saturday.
In a rain-affected game reduced to 13 overs a side, Nigeria scored 65 for 6 with contributions from captain Piety Lucky and Lillian Udeh. The chase started with New Zealand losing their opener Kate Irwin first ball to a run-out. Emma McLeod, the other opener, departed in the third over off the right-arm seamer Usen Peace’s bowling. New Zealand kept losing wickets in the middle overs and were 49 for 5 at the end of 11 overs.
With 17 needed, the penultimate over fetched New Zealand eight runs with captain Tash Wakelin hitting a four off the last ball of the over. New Zealand needed nine off the final over but only managed only six runs off Udeh, as Nigeria sealed a thrilling two-run triumph.
Anika Todd and Wakelin made 19 and 18 respectively but that wasn’t enough for New Zealand.
Brief scores:
Nigeria Women Under 19 65/6 in 13 overs [Lillian Udeh 18, Lucky Piety 19; Anika Tauwhare 1-06, Hannah O’conner 1-11, Anika Todd 1-18, Tash Wakelin 1-06, Hannah Francis 1-04] beat New Zealand Women Under 19 63/6 in 13 overs [Eve Wolland 14, Anika Todd 19, Tash Wakelin 18; Usen Peace 1-05, Adeshola Adekunle 1-14, Lillian Udeh 1-08] by 2 runs
USA rattle Ireland in Johor
Australia survived a scare against Bangladesh
Nigeria stun New Zealand to set tournament alight
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