03 August, 2009 - Published 15:46 GMT

SC 'cannot overrule' previous rulings

The Supreme Court cannot overrule any previous rulings according to traditions and precedents, Sri Lanka's chief justice has observed.

CJ Asoka de Silva has made the observation rejecting an application to overrule or amend a previous ruling by a bench chaired by former CJ Sarath Nanda Silva.

Observing that the SC is the topmost court in the country, the CJ says it will become a "toothless dog" if the courts keeps overruling or amending previous orders.

A bench chaired by CJ Asoka de Silva has hence dismissed petitions calling for amending, or annulling, a previous ruling on privatisation of a state own land in Battaramulla.

Waters Edge

The court has earlier ruled that the privatisation of the land by Chandrika Bandaranaike Kumarathunga government to build Waters Edge complex was illegal.

The court has ordered the new owners to hand over the land back to the state.

The petitioners were seeking a new trial claiming that they did not get a fair trial under the previous CJ. Rejecting the claim, the bench chaired by the new CJ has upheld the previous ruling.

However, the Supreme Court has last month annulled an earlier order preventing probe into alleged criminal charges against Negombo police.

The earlier order issued by former CJ Sarath Silva was stripped by the new CJ Asoka de Silva on 03 July.

Meanwhile, many petitions have been filed in the Supreme Court seeking to amend previous rulings by former CJ Sarath N Silva.