DILSHAN THARAKA
COLOMBO: The Supreme Court ordered on Wednesday, July 27 to discharge President Ranil Wickremesinghe from the hearing of the Fundamental Rights petitions filed seeking an order to conduct an investigation against the people responsible for bankrupting the country and the public.
President Ranil Wickremesinghe is now entitled to the immunity from prosecution guaranteed by Article 35 of the Constitution due to his appointment as the President. Accordingly, the Court made this order considering a motion filed by him requesting permission to remove him from the hearing of these petitions which named Ranil Wickremesinghe as a respondent in those petitions when he was the Prime Minister.
The five-Judge Bench of the Supreme Court also ordered to name former President Gotabaya Rajapaksa as a respondent in personal capacity in these petitions.
Accordingly, the Supreme Court Registrar was ordered to send a notice to the respondent Gotabaya Rajapaksa to his last residence address, asking him to appear before Court on August 1.
Meanwhile, the travel ban imposed on former Prime Minister Mahinda Rajapaksa and former Finance Minister Basil Rajapaksa from leaving the country without the permission of the court was extended until August 2.
The pledge was made by former secretary to the Ministry of Finance S. R. Attygalle and former Central Bank Governor W.D.Lakshman stating that they will not go abroad to the Supreme Court through their lawyers was also extended to be effective till that date.
These orders were made when two fundamental rights petitions which were filed against economic bankruptcy by following short-sighted economic measures and operating without proper management, were taken up before the Supreme Court yesterday.
The petitions were taken up before the Supreme Court Five-Judge-bench comprising Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare, Priyantha Jayawardena, Vijith Malalgoda and L.T.B Dehideniya.
President’s Counsel Chandaka Jayasundara appearing for the petitioners stated that the current President, then Prime Minister, who is named as the fifth respondent in these petitions, is expected to discharge from these petitions, so permission should be granted.
He highlighted that no relief has been sought against him in these petitions and this request is being made in accordance with the immunity from prosecution guaranteed by Article 35 of the Constitution.
He stated that according to provision 35 of the Constitution, the actions of the President while in his official position cannot be challenged before the court.
Accordingly, a motion was filed in the court on July 22 making the relevant request, he said.
President’s Counsel Ronald Perera who appeared for former Prime Minister and current President Ranil Wickremesinghe and Additional Solicitor General Nerin Pulle, who appeared on behalf of the Attorney General, agreed to the request.
Accordingly, the court allowed the request and discharged President Wickremesinghe from the hearing of the facts against him.
At the time of filing these petitions, the bench also focused on a motion filed for seeking permission to name former President Gotabaya Rajapaksa as a respondent in personal capacity in the petitions.
As there was no objection to the request made by the said motion, the court decided to allow it.
Since Gotabaya Rajapaksa is currently out of the country, the Supreme Court Registrar was ordered to issue a notice to him.
However, he mentioned that interim orders will not be sought against Gotabaya Rajapaksa.
At the time of filing these petitions, there was no request for a travel ban against former President Gotabhaya Rajapaksa, but the President’s counsel stated that if it is necessary to make such a request when he comes to Sri Lanka, he will reserve the right to do so. (Daily News)
