As relief achieved, clients to withdraw Writ Petition

Thursday, 17 January 2019 01:15 - - {{hitsCtrl.values.hits}}

Kanag-Iswaran PC informs Supreme Court

President’s Counsel K. Kanag-Iswaran informed the Supreme Court that he has advised his clients to withdraw the Writ petition of Quo Warranto to withdraw it, as the relief prayed by them has, in fact, been achieved.

He sought permission from the Court to obtain instruction from the 122 Petitioners to withdraw their Writ Petition and stated that as such, the Appeal Petition in the Supreme Court will be irrelevant.

The Bench comprising Chief Justice Nalin Perera, Justices Priyantha Jayawardane and Lalith Dehideniya fixed the matter to be mentioned on 6 February.

Supreme Court, by majority decision of two to one, had already granted Special Leave to Appeal with the Petition filed by Mahinda Rajapaksa and forty-eight others, against the Interim Order issued by the Court of Appeal.

The Respondent – Petitioner Appellant Mahinda Rajapaksa and forty-eight others in their appeal application to the Supreme Court sought to set aside the Interim Order issued by the Court of Appeal against them from functioning in their respective offices. The Court of Appeal issued an Interim Order restraining Mahinda Rajapaksa and forty-eight other respondents from functioning in the offices of Prime Minister, Cabinet Ministers, non-Cabinet Ministers and Deputy Ministers, respectively, until the final hearing and determination of the Writ of Quo Warranto (requiring them to show by what authority they exercise a public office) Writ Petition filed by 122 Parliamentarians of diverse parties, disputing the holding of offices.

Petitioners also sought an Interim Order from the Supreme Court to set aside the Interim Order and/or dismiss the petition of Writ of Quo Warranto.

They asked the Supreme Court to stay the effect of the said order of the Court of Appeal until the hearing and determination of their appeal application. Gamini Marapana PC with Navin Marapana as well as Romesh de Silva PC, Manohara de Silva PC appeared for the Appellants.

K. Kanag-Iswaran PC instructed by Mohan Balendara as well as M.A. Sumanthiran PC, Ikram Mohamed PC, Viran Corea, J.C. Weliamuna PC, Niran Anketell, Suren Fernando, Rauff Hakeem and Hejaz Hisbullah appeared for the Petitioner – Respondents.

(SSS)