Oct 19, Colombo: A Sri Lankan activist has filed a fresh application before the Supreme Court against the "Revival of the Underperforming Enterprises and Underutilized Assets" legislation, also known as the Expropriation Act.
Activist on good governance Nihal Sri Amarasekera has made the fresh application calling on the Supreme Court to declare the legislation ab-initio null and void.
Amarasekera has reportedly made the application under Article 122(1) of the Constitution.
He has sought the Supreme Court to review and re-examine the special determination made by a three Judge Bench on October 24, 2011 on the Expropriation Bill.
The government presented the bill to the Supreme Court to determine its consistency with the Constitution before it was presented in the parliament.
The Supreme Court ruled that the Expropriation bill or any of its clauses have not been found inconsistent with the Constitution and the Expropriation Act was passed in theparliament with a majority of 76 votes.
The "Revival of Underperforming and Underutilized Assets" bill with amendments empowered the government to take over some 37 businesses that have not performed up to the government's expectations.
The applicant now requests the Supreme Court to decide whether its special determination has been made per-incuriam, without jurisdiction, ultra-vires the deeming provision in Article 123(3) of the Constitution, was/is constitutionally ab-initio null and void and of no force and avail in law, and has been made under circumstances of perceived judicial bias and disqualification.
If so, the petitioner requests the apex court to declare the Special Determination to be ab-initio a nullity.
The Attorney General and Speaker Chamal Rajapaksa have been cited as Respondents.