Daily Mirror (Sri Lanka)

Exhibit 2 Distinctio­n in scope of immunity offered to the president pre and post 19A

- Source and date: Udaya Gammanpila's Official Twitter, 23 April 2020

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.

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