FR against Acting President Ranil Wickremesinghe dismissed by SC

• SC held the FR was filed out of time. The courts said Kodituwakku had also suppressed material
• Kodituwakku had filed a similar petition in July last year

The Supreme Court yesterday dismissed the fundamental rights petition challenging the appointment of Acting President Ranil Wickremesinghe as a National List Member of Parliament of the United National Party (UNP).

The petition was filed by the Vinivida foundation led by its General Secretary public interest litigation activist and Attorney-at-Law Nagananda Kodituwakku.

The Supreme Court refused to grant the petition leave to proceed thereby dismissing it. The petition was taken up before a panel of Supreme Court Justices comprising Gamini Amarasekara, Shiran Gunarathne and Janak de Silva.

In it, the petitioner alleged that the Fundamental Rights of the people of Sri Lanka are being violated through the appointment of Ranil Wickremesinghe as a National List Member of Parliament as the appointment was against the Constitution. This petition sought to issue an Interim Order preventing Ranil Wickremesinghe from acting as a Member of Parliament. Deputy Solicitor General Kanishka de Silva appearing on behalf of the Attorney General pointed out that the petition is out of time and that the action of the petitioner is therefore unacceptable.

The court dismissing the FR said it accepted the arguments of the Deputy Solicitor General and also based the dismissal on the fact the petitioner had suppressed material by not revealing he had filed a similar petition last year on similar grounds and it had been dismissed by the courts.

Kodituwakku had filed a similar petition on 13 July last year seeking a declaration that UNP leader Ranil Wickremasinghe is disqualified and will therefore not be entitled to be a Member of Parliament of the UNP. However, the case was later dismissed as the petitioner had failed to appear in court to make submissions on several occasions. (MB)