Premalal Jayasekera seeks Court permission to attend Parliament | Daily News


 

Premalal Jayasekera seeks Court permission to attend Parliament

UPDATE: Ratnapura District Parliamentarian Premalal Jayasekera who was sentenced to death over a fatal shooting that took place in 2015 has filed a writ petition in the Court of Appeal.

He is seeking an interim order directing the prison authorities to allow him to attend Parliament for the very next sitting and every subsequent sitting thereafter until final determination of this application.

When the petition came up before Court of Appeal two-judge-bench comprising Justice (President) A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna, the matter was fixed for August 7 to deliver its order regarding the interim relief and issuance of notices on the respondents.

President’s Counsel Romesh de Silva appearing for the petitioner Jayasekera sought an interim order directing the Prison authorities to bring his client to parliament since he has not yet taken oaths as a Member of Parliamentarian.

On July 31, 2020, Premalal Jayasekera had been convicted for committing murder by Ratnapura High Court. Subsequently he had filed an appeal challenging conviction.

“The President had issued a gazette notification summoning a new Parliament on August 20. My client’s name was published in a gazette as an elected Member of Parliament. It is the prison authorities’ duty to bring him to Parliament,” de Silva PC said.

De Silva argued that his client would remain as a remand prisoner until a higher court determined his appeal.

“He was not brought to Parliament even after several requests were made. Since his name has been gazetted as a Member of Parliament, the prison authorities have to bring him to Parliament. Once he is brought before Parliament, the Speaker will take a decision regarding his qualification”, Silva argued.

Romesh de Silva further stated that the Speaker had also given instructions to bring the petitioner before Parliament.

“When the accused filed an appeal, the execution shall stay and he shall be kept under remand custody. At this moment, he is not under the sentence of death. He has not been disqualified by a Court of Law,” said de Silva.

Senior Deputy Solicitor General Nerin Pulle appearing for the Attorney General submitted to the Court that a person who is under the sentence of death is disqualified to sit and vote in Parliament.

He argued that the accused continues to be under death sentence and Parliament privileges are not applicable to criminal proceedings.

He argued that in terms of Article 89 (d) of the Constitution, a person who is under a death sentence is disqualified to sit and vote in Parliament.

Nerin Pulle stated that the interpretation regarding the Article 89 (d) should be done by the Supreme Court and this matter can be referred to the Supreme Court.

He further argued that the Constitution, the Supreme Law of the country does not authorize a convicted person to be brought before Parliament.

President’s Counsel Uditha Egalahewa appearing for the Secretary General of Parliament informed the Court that the petitioner can enjoy his rights since he is now considered as a remanded prisoner.

Romesh De Silva PC, Nalin Ladduwahetty PC, Counsel Sugath Caldera, Niran Ankitel and Buddhika Chandrasekara Instructed by Paul Ratnayake Associates appeared for the petitioner. Senior Deputy Solicitor General Nerin Pulle with Senior State Counsel Dr. Awanthi Perera appeared for the Attorney General

 


Premalal Jayasekera seeks court permission to attend Parliament-Time: 17:38

Ratnapura district Parliamentarian Premalal Jayasekera who was sentenced to death over a fatal shooting that took place in 2015 has filed a writ petition in Court of Appeal.

He is seeking an interim order directing the prison authorities to allow him to attend parliament for the very next sitting and every subsequent sitting thereafter until final determination of this application.

When the petition came up before Court of Appeal two-judge-bench comprising Justice (President) A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna, the matter was fixed for August 7 to deliver its order regarding the interim relief and issuance of notices on the respondents.


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