24 June 2019 11:28 am
The Fundamental Rights Petition filed by former IGP Pujith Jayasundera against the President's decision to send him on compulsory leave has been re-fixed for support on July 31 by the Supreme Court today.
The Court observed that Director of the State Intelligence Service Nilantha Jayawardena and Secretary to the President, Udaya R. Seneviratne, had filed affidavits with regard to the subject matter on June 21, 2019, hence, the court was in need of a reasonable time to consider them.
At the onset, Counsel Viran Corea, who appeared for the petitioner, informed court that the challenge of the Petition was based on a clear Constitutional Legal Rights Violation, therefore to allow to support the Petitioner's stance.
Supreme Court Justice Prasanna Jayawardena observed that the petition was based on two major grounds, that firstly, whether the President had the authority to send the IGP on compulsory leave, and secondly, if the President had the authority, whether it had been used Constitutionally.
"The court will carefully look into this Petition logically. And we will apply only the law, hence, we need to consider the contents of those affidavits first," Justice Jayawardena said.
Counsel Corea also moved the fact that he had not received the copies of those affidavits.
However, ASG Indika Devmini de Silva, who appeared for the Attorney General said the copies affidavits were under the confidential cover, therefore she needed to consult the respondents before giving it to the petitioner.
Counsel Corea, however, did not agree to the stance of the ASG and sought copies of the affidavits.
Justice Jayawardena advised ASG de Silva that the Court expected the respondents to play fairly and not to engage in hide and seek.
Justice Jayawardena thereby directed to furnish the said copies to the petitioner subject to national security concerns. (Shehan Chamika Silva)
Video by Prasanna