Amila Thera challenges acts of President
Supreme Court yesterday (7) issued notices on the Opposition Leader Mahinda Rajapaksa and the former members of the Cabinet in respect of the fundamental right petition filed by Ven. Dambara Amila Thera challenging the Acts of the President.
The Bench comprising Justices Priyantha Jayawardane, Murdu N. B. Fernando and E.a.g.r.amarasekara fixed the matter for support on May 10. The fundamental rights petition was filed by Ven. Dambara Amila Nayake Thera of the Nalanda University College challenging the acts of the President on the purported Removal of Ranil Wickremesinghe from the office of the Prime Minister and the purported appointment of Mahinda Rajapaksa.
Petitioner impugns that the purported removal of Ranil Wickremesinghe from the office of the Prime Minister is ultra vires (beyond his legal power or authority) and amounts to an intentional violation of the Constitution by the President.
He also charges that the purported appointment of Mahinda Rajapaksa as Prime Minister is ultra vires the Constitution by the President as well and amounts to an intentional violation of the Constitution by him in as much as there was no vacancy in the office of the Prime Minister for Rajapaksa to have been so appointed.
He sustains that in any event, Mahinda Rajapaksa does not command the confidence of Parliament.
He contends it is manifest that the President and Mahinda Rajapaksa have acted collusively in the impugned acts, considering especially the failure to adhere to the constitutionally mandated ‘no-confidence’ procedure.
He also maintains the purported appointments of Cabinet Ministers/ Non-cabinet Ministers/deputy Ministers is in violation of the Constitution and amounts to a violation of the sovereignty of the people and negates the franchise and freedom of expression.
He seeks declaration from the Court the purported removal of Ranil Wickremesinghe from the office of Prime Minister as well as the purported appointment of Ministers is null and void (having no legal effect) and Mahinda Rajapaksa is not entitled to act in the office of Prime Minister.
M.a.sumanthiran PC with Ermiza Tegal, Niran Anketell, J. Arulanantham and Jerusha Crossette Thambiah instructed by Mohan Balendra appeared for the Petitioner. Suren Fernando appeared for Ranil Wickremesinghe.additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Nerin Pulle appeared for the Attorney General.
The prelate challenged the acts of the President on the purported Removal of Ranil Wickremesinghe from the office of the Prime Minister and the purported appointment of Mahinda Rajapaksa