Court of Appeal dismisses Writ Petition on President’s mental status

• Orders petitioner to pay legal cost of Rs. 100,000 to respondents
• Bench says motive of petitioner was to insult President and petition filed without any factual or legal basis

The Court of Appeal yesterday dismissed in limine with cost of Rs. 100,000 payable to the Respondents, the Writ Petition seeking to institute judicial proceedings in District Court to inquire into the state of mind of President Maithripala Sirisena.

The Court of Appeal deciding to dismiss the petition without proceeding said the petitioner’s intention is to insult the President and the country. The Court also ordered the petitioner, Thakshila Lakmali Jayawardena, a resident in Colombo 12, to pay Rs 100,000 legal costs to the Government since the petition has been filed without any factual or legal basis.

The Bench comprised Justices P.Padman Surasena (President/CA) and Arjuna Obeysekere.

Petitioner had filed the Writ Petition seeking a mandate from the Court in the nature of a Writ of Mandamus citing IGP Pujith Jayasundara and the Fort Police HQ OIC directing them to institute judicial proceedings in district courts by virtue of Section 2 of the Mental Diseases Ordinance for the purpose of inquiring into the state of mind of President Maithripala Sirisena. Deputy Solicitor General Milinda Gunatilake appeared for the Attorney General. J.P.Gamage appeared for the Petitioner.

The Petitioner stated there were three possible reasons to suspect that Sirisena was suffering from a mental disability including the stress stemming from his natural inability to meet the demands of the job, a history of mental health issues in the family, and an inability to cope with the stress stemming from the arrest of I.K. Mahanama, the President’s former Chief of Staff, over a bribery charge. The Petitioner also stated that Sirisena’s biography, written by his daughter Chathurika Sirisena, indicated that the President had a “family history” when it came to mental health issues.

Petition claimed the President could only enjoy his immunity if he was found to be of sound mind. “If he is suffering from a mental disability he can no longer enjoy presidential immunity.”

The Sri Lankan Constitution bars a person with a mental disability from functioning as the Executive President.  “Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity,” the Constitution stipulates.

The Court of Appeal determined that the petitioner had filed the petition to insult the President and to bring disgrace to the country as a whole.

The Additional Solicitor General appearing for the Attorney General told the court that in order to act according to the Ordinance on Mental Illnesses, the petitioner should first lodge a complaint at a police station if there is any information on a person having a mental illness. And then if the police do not take an action on the information, one can take legal action at the courts, the Solicitor General pointed out.

The Court determined that there has been no police report on such afflictions relevant to the petition and the petition has been filed with the purpose of humiliating the President.