Court of Ap­peal dis­misses pe­ti­tion to check Pres­i­dent's men­tal sta­tus

Sunday Times (Sri Lanka) - - NEWS - By Ran­jith Pad­masiri.

The Court of Ap­peal has re­jected a pe­ti­tion call­ing for an in­ves­ti­ga­tion into the men­tal sta­tus of Pres­i­dent Maithri­pala Sirisena and dis­missed the ap­pli­ca­tion as“base­less” while point­ing out that the case was filed with an in­ten­tion to in­sult the Pres­i­dent.

Up­hold­ing the ob­jec­tion raised by Se­nior Deputy So­lic­i­tor Gen­eral Milinda Gu­nathi­laka, the court on Mon­day or­dered the pe­ti­tioner, Thak­shila Lak­mali Jayawar­dana of Hults­dorf, Colombo 12, to pay Rs.100,000 as costs to the state.

The bench com­prised Court of Ap­peal Pres­i­dent Jus­tice Preethi Pad­man Surasena and Jus­tice Ar­juna Obey­sekara.

The pe­ti­tioner had sought an or­der di­rect­ing the po­lice through the Dis­trict Court to scru­ti­nise the Pres­i­dent's men­tal state. Her lawyer ar­gued that the Pres­i­dent's un­usual ac­tions in re­cent months war­ranted a med­i­cal check up on him.

The judges noted that a com­plaint of this na­ture should have been made to the po­lice which had been em­pow­ered to take ac­tion in terms of the Men­tal Dis­eases Or­di­nance, but the pe­ti­tioner had not fol­lowed this pro­ce­dure.

Senor DSG Gu­nati­laka pointed out that a per­son could come to court only if the po­lice failed to take steps and there­fore the ap­pli­ca­tion was bad in law.

He also noted that the Pres­i­dent should be made a party to the ap­pli­ca­tion but the pe­ti­tioner had failed to do so. There­fore, he ar­gued that the ap­pli­ca­tion should be dis­missed.Court pointed out that she was fil­ing an ap­pli­ca­tion with­out any le­gal ba­sis but with the aim of in­sult­ing the head of state and caus­ing em­bar­rass­ment to him and the na­tion.

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