Exhibit 2 Distinction in scope of immunity offered to the president pre and post 19A
While holding office of President
Completely immune from institution and maintenance of all proceedings (whether criminal or civil, including writ applications and fundamental rights applications) in respect of any action or omission done in his official and private capacity. However, immunity did not extend to any action in the role of a Cabinet minister (as opposed to president) but had to be instituted against the attorney general (AG) and not the president. Completely immune from institution and maintenance of all proceedings (whether criminal or civil, including writ applications) in respect of any actions or omissions done in his official and private capacity. However the president is not immune from proceedings by way of fundamental rights applications against the AG, in respect of any action or omissions done in the president's official capacity, except in the case where the president exercises his constitutional power to declare war and peace. The president is not authorised to hold the office of a Minister. However, President Maithripala Sirisena alone was allowed to hold the portfolios of Defence, Mahaweli Development and Environment while he was president, under transitional provisions of the 19th Amendment. All actions in those capacities also are subject only to fundamental rights proceedings.
After holding office of President
No immunity in respect of civil or criminal actions including writ applications and fundamental rights applications . The duration of time a person held office as president can be disregarded in computing any time limitation prescribed for filling any case. No immunity in respect of civil or criminal actions including writ applications and fundamental rights applications . The duration of time a person held office as president can be disregarded in computing any time limitation prescribed for filling any case.