Petition against President is misconceived in Law - Amaraweera | Daily News

Petition against President is misconceived in Law - Amaraweera

Filing an intervenient petition in the Court of Appeal, UPFA General Secretary Mahinda Amaraweera informed the Court of Appeal that the writ petition filed by a woman regarding the state of mind of President Maithripala Sirisena is liable to be dismissed in limine.

On December 10, last year, a writ petition was filed in the Court of Appeal seeking in the nature of a writ of Mandamus against the IPG Pujith Jayasundara and the OIC of Fort Police directing them to institute judicial proceedings in the Colombo District Court by virtue of Section 2 of the Mental Diseases Ordinance for inquiring state of mind of President Maithripala Sirisena.

This original petition had been filed by Thakshila Lakmali Jayawardena, a resident of St Sebestian Street, Colombo 12.

Parliamentarian Mahinda Amaraweera said the petition is misconceived in law and has not failed to disclose a cause of action amenable to the jurisdiction conferred on Your Lordships’ Court under and in terms of Article 140 of the Constitution.

He said the petition cannot institute and maintain the instant application under and in terms of Article 35 of the Constitution. He further said the petitioner has suppressed and misrepresented material facts to the Court.

Mahinda Amaraweera stated that the petitioner has maliciously preferred the said application to gain a political advantage by slandering or tarnishing the name of the President, who has been elected by the citizens of the Republic exercising their franchise.

Therefore, he pleads that permitting the Petitioner to proceed with this application would tantamount to a subversion of the sovereignty of the people.

In her writ petition, the petitioner stated that on numerous occasions President Maithripala Sirisena announced that even if all 225 members of Parliament are requested the President to appoint Prime Minister, the President would never ever appoint Ranil Wickremesinghe to the office of Prime Minister.


 

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