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