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Tuesday, 11 December 2018 01:26 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
The Supreme Court yesterday deferred for support on 7 January the fundamental rights petition filed by Dambara Amila Nayake Thero of Nalanda University College challenging the acts of President Maithripala Sirisena on the removal of MP Ranil Wickremesinghe from the office of Prime Minister and the appointment of MP Mahinda Rajapaksa in his place.
The Bench comprised justices Buwaneka Aluvihara, Sisira J. De Abrew and Murdu N.B. Fernando.
The petitioner impugns that the purported removal of 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 Rajapaksa as Prime Minister is ultra vires to the Constitution by the President which 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, Rajapaksa does not command the confidence of Parliament.
He contends that it is manifest that the President and Rajapaksa have acted collusively in the impugned acts, considering especially the failure to adhere to the constitutionally mandated ‘no-confidence’ procedure.
He also maintains that the appointments of Cabinet Ministers, Non-Cabinet Ministers and Deputy Ministers were in violation of the Constitution and the sovereignty of the people that negates the franchise and freedom of expression.
He seeks a declaration from the court that the purported removal of Wickremesinghe from the office of Prime Minister as well as the purported appointment of ministers is null and void (having no legal effect) and 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 Moahan Balendra appeared for the petitioner. Suren Fernando appeared for Ranil Wickremasinghe. Additional Solicitor General Demuni de Silva appeared for the Attorney General.
A similar petition filed by former Coordinating Secretary to the President, Oshala Herath, will also be taken up on the same day with the petition.
