An appeal petition filed by Opposition Leader Mahinda Rajapaksa challenging the Court of Appeal Interim Order that restrained him from functioning as the Prime Minister was yesterday withdrawn before the Supreme Court.
When the petition came up before Supreme Court three-judge-bench comprising Justice Prasanna Jayawardena, Justice Vijith K. Malalgoda and Justice Preethi Padman Surasena, Counsel Sanath Wijewardena appearing for the petitioner Rajapaksa sought court’s permission to withdraw the petition since the original writ petition filed before Court of Appeal has already been withdrawn.
Last Tuesday (12), the writ petition filed by 122 Parliamentarians including Prime Minister Ranil Wickremesinghe was withdrawn before Court of Appeal.
On December 14 last year, the Supreme Court three-judge-bench comprising Justice Eva Wanasundara, Buwaneka Aluvihare and Justice Vijith K. Malalgoda unanimously refused to set aside the Interim Order issued by Court of Appeal restraining Mahinda Rajapaksa and 48 others from functioning as Prime Minister, Cabinet of Ministers, the State Ministers and Deputy Ministers respectively.
However, by plurality decision the Supreme Court three-judge bench decided to grant leave to appeal with four appeal petitions filed by Parliamentarian Mahinda Rajapaksa and several others. Justice Vijith K. Malalgoda made a dissenting order to reject these appeal petitions in limine.
The Supreme Court had also issued an order staying the Court of Appeal proceedings pertaining to Quo Warranto application until the conclusion of Supreme Court inquiry.
Through this appeal petition, Parliamentarian Mahinda Rajapaksa sought an order to set aside the Interim Order dated December 3 by the Court of Appeal.
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 Gamini Marapana with Counsel Navin Marapana appeared for 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 and senior counsel Kanishka Vitharana appeared for the other respondent-petitioners.
President’s Counsel K.Kanag-iswaran with counsel Suren Fernando and Viran Corea appeared for the respondents (122 Parliamentarians).
Time [ 12.30]
An appeal petition filed by Opposition Leader Mahinda Rajapaksa challenging the Court of Appeal Interim Order that restrained him from functioning as the Prime Minister was today withdrawn before Supreme Court.
When the petition came up before Supreme Court three-judge-bench comprising Justice Prasanna Jayawardena, Justice Vijith K. Malalgoda and Justice Preethi Padman Surasena, counsel Sanath Wijewardena appearing for the petitioner Rajapaksa sought court's permission to withdraw the petition since original writ petition filed before Court of Appeal has already been withdrawn.
On last Tuesday (12), the writ petition filed by 122 Parliamentarians including Prime Minister Ranil Wickremasinghe was withdrawn before Court of Appeal.
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