Interim Order fixed for Friday | Daily News
MR’s appeal challenging CA:

Interim Order fixed for Friday

The Special Leave to Appeal application filed by Parliamentarian Mahinda Rajapaksa challenging the Court of Appeal Interim Order that restrained him from functioning as the Prime Minister was yesterday fixed for support on Friday (14) by the Supreme Court.

When this application came up before Supreme Court three-judge-Bench comprising Justice Priyantha Jayawardena, Justice Prasanna Jayawardena and Justice L.T.B.Dehideniya, the court was informed through President’s Counsel K. Kanag-iswaran that the petitioners were yet to receive notices. He sought another date to support the application.

However, President’s Counsel Romesh de Silva appearing for several respondent-petitioners informed court that they are ready to support the application since its national importance and urgency. ‘There is no Cabinet in the country now. The country is running without a government. An Interim Order has been issued preventing the operation of the Cabinet of Ministers. This matter has to be taken up for support as much as possible,’ Silva added.

Justice Dehideniya explained his difficulty to sit on the Bench continuously since he is expecting to obtain leave on Thursday (13)to attend a funeral in Kandy. Justice Dehideniya said the Bench would not be properly constituted for the following date (13) if the matter was taken up for support on Wednesday (12).

Taking facts into consideration, the Supreme Court fixed the Special Leave to Appeal application for support on Friday (14). Through this appeal petition, MP Mahinda Rajapaksa sought an order to set aside the Interim Order dated December 3 by the Court of Appeal.

He also sought an order to grant special leave to appeal against the Court of Appeal order in the writ application No.363/2018. Rajapaksa alleged that the Court of Appeal erred in its failure to take cognizance of the absence of a proper and legally countenanced application before it in terms of the law in as much as inter alia the failure of the 122 MPs to have supported their application with affidavits countenanced by law.

He stated that the Court of Appeal erred in its failure to take due cognizance of its lack of jurisdiction to hear and determine the said writ application in which arose a number of matters involving and requiring interpretation of several constitutional provisions.

He further said the Court of Appeal erred in its failure to consider the legal effect of the cogent evidence adduced by some of 122 MPs by way of affidavits and documents, unedited Hansard issued officially by the office of the Secretary General of Parliament and the video footage extracted from the official website of Parliament depicting that the said uncorrected draft copies produced in court do not in fact depict accurately the Parliamentary proceedings of the said date and that there were in fact no valid votes of the No Confidence Motion passed in Parliament as claimed by the 122 MPs.

MPs Johnston Fernando, Dr.Wijeyedasa Rajapakshe, Dinesh Gunawardena and Chamal Rajapaksa also filed appeal petitions challenging the Court of Appeal order dated December 3.They cited UNP leader Ranil Wickremesinghe and 121 MPs and 49 others as respondents.

These petitions had been filed through counsel Sanath Wijewardena.

The Court of Appeal on December 3 issued an Interim Order restraining Prime Minister Mahinda Rajapaksa, his Ministers, the State Ministers and Deputy Ministers from holding their respective offices until a final determination is reached with regard to the Quo Warranto writ petition filed by 122 Parliamentarians, including Ranil Wickremesinghe.

President’s Counsel K. Kanag-iswaran with counsel Suren Fernando appeared for petitioners. President’s Counsel Gamini Marapana with Counsel Navin Marapana appeared for Prime Minister Mahinda Rajapaksa. President’s Counsel Sanjeewa Jayawardena and Manohara de Silva PC, Ali Sabry PC, Romesh de Silva with counsel Sugath Caldera and Kushan de Alwis PC appeared for the other respondent-petitioners.


 

Add new comment