- Former President to be added as a respondent
By S.S. Selvanayagam
The Supreme Court (SC) yesterday deferred until May 26 for support for granting of leave to proceed in respect of the fundamental rights violation petition filed by Inspector General of Police (IGP) Pujith Jayasundara against sending him on compulsory leave.
The bench comprising Chief Justice Jayantha Jayasuriya and Justices S. Thurairaja and Gamini Amarasekera directed to add former President Maithripala Sirisena as a respondent.
Petitioner Pujith Jayasundara cited the Attorney General (AG), Senior DIG C.D. Wickramaratne, members of the Constitutional Council (CC), SIS Director DIG Nilantha Jayawardena, Chief of National Intelligence A.N. Sisira Mendis and former Defence Secretary Hemasiri Fernando as respondents.
Counsel Viran Corea with Niran Anketel and Dishinka Nelson instructed by Vithana Pathirana appeared for the petitioner while Additional Solicitor General Indika Demuni de Silva with Senior State Counsel Dr. Avanti Perera appeared for the AG, the Acting IGP and on behalf of the President. Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando.
The petitioner sought a declaration that the actions of the President and/or members of the Constitutional Council impugned had infringed his fundamental rights equality and equal protection of law guaranteed under Article 12(1). He sought another declaration that the actions of the President and/or the 3A to 3J respondents impugned had infringed the fundamental rights of the petitioner guaranteed under Article 14(1)(g).
He requested for a declaration that the operation of the letter dated April 29, 2019 and consequential steps constitute infringement of his fundamental rights guaranteed under Article 12(1) and/or Article 14(1)(g) of the Constitution;
Another declaration he sought was that the actions of the President and/or members of the Constitutional Council to exclude him from office without recourse to proper procedure and/or any step to remove him from office without due recourse to the provisions of the Removal of Officers (Procedure) Act No. 05 of 2002 constitute infringement of his fundamental rights guaranteed under Article 12(1) and/or Article 14(1)(g).
He sought the court to set aside the decision of the President to send him on compulsory leave. He also sought an order to set aside the appointment and confirmation by the President and/or members of the Constitutional Council of the second respondent C.D. Wickramaratne as Acting IGP.
He is pleading for interim orders suspending the decision of the President to send him on compulsory leave and order suspending the appointment and/or confirmation by the President and/or the 3A to 3J respondents of the second respondent as Acting IGP until the hearing and final determination of this application.
He is pleading for an interim order preventing steps by the President to remove him from the office of Inspector General of Police until the hearing and final determination of the application.