Dhammika Perera gives undertaking not to take oaths as MP until SC decides

20 June 2022 09:24 pm - 15 - {{hitsCtrl.values.hits}}

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Businessman Dhammika Perera through his lawyer today gave an undertaking before Supreme Court that he would not to take oaths as a Member of Parliamentarian or a government Minister until Supreme Court make an order regarding several Fundamental Rights petitions filed challenging his appointment as a MP.

President's Counsel Romesh de Silva appearing for businessman Dhammika Perera gave this undertaking when four fundamental rights petitions were taken up for support before Supreme Court three-judge-bench comprising Justices Priyantha Jayawardena, Yasantha Kodagoda and Arjuna Obeysekera.

These petitions will be taken up for further support on today (21).

Four petitioners including Centre for Policy Alternatives (CPA), Journalist Roel Raymond, writer Gamini Viyangoda had filed Fundamental Rights petitions in Supreme Court challenging the appointment of businessman Dhammika Perera to fill the vacancy created by the resignation of former Minister Basil Rajapaksa, as a Member of Parliament.

In accordance with Article 99A of the Constitution, the petitioner’s position are that a person is only entitled to be nominated to fill such a vacancy if his name was included in the district nomination papers or national list submitted by the relevant political party.

The petitioners stated that Dhammika Perera’s name was not on the list submitted by the Sri Lanka Podujana Peramuna (SLPP) to the Election Commission under Article 99A of the Constitution or in any nomination paper submitted in respect of any electoral district by the SLPP for the General Election held in 2020.

The petitioners also highlighted the appearance of very real bias and conflicts of interest caused by Perera’s appointment as a Member of Parliament and possibly a Cabinet Minister, due to his ownership in a multitude of different business ventures in a variety of sectors ranging from plantation, power generation, licenced commercial banks, finance companies and consumer goods.

The petitioners maintained that the Article 91(1)(e) of the Constitution disqualifies a person with any such interest in any such contract made by or on behalf of the State or a public corporation from being a Member of Parliament.

Accordingly, the petitioners maintained that Dhammika Perera’s appointment is illegal, arbitrary, irrational, grossly unreasonable, contrary to law and will if unchecked cause grave and irremediable harm and prejudice to the People of Sri Lanka and the Rule of Law itself.

The petitioners further maintained that this appointment constitutes an infringement and continuous infringement of the fundamental rights of the People of Sri Lanka guaranteed under Articles 10 (Freedom of thought, conscience and religion), article12(1) (Right to equal protection of the law), and 14(1)(a) (Freedom of speech and expression) of the Constitution.

President's Counsel M.A. Sumanthiran, Senior Counsel Suren Fernando, Viran Corea appeared for the petitioners.

President's Counsel Romesh de Silva with counsel Sanath Wijewardena appeared for Dhammika Perera. (Lakmal Sooriyagoda)

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Comments - 15

Damian Monday, 20 June 2022 10:27 PM

I’m convinced the president has lost his mind and sanity needs to checked

Not fit for nominaton Monday, 20 June 2022 10:46 PM

As per Article 91(1)(e) of the Constitution, a successful entrepreneur cannot venture into politics. Then, how many current MPs have to leave? What about those who make a living/thriving in politics?

Sad state of affairs Monday, 20 June 2022 11:04 PM

What a surprise you are also becoming a MR. Clean. That's good but you are sure that you will take up the oaths very soon.

Cugan Tuesday, 21 June 2022 02:36 AM

Are these people challenging were from 6.9, our head put the nomination while having and make sure he hold his adopted US citizen ship even now he is not validate candidate but he came and changed it,but he knew very well his retirement in US if he would have renounced like Geetha and Nagananda Kodithuwaku no way he can step in US,as amount of pending cases he has,asking for pure drinking water

Ram Tuesday, 21 June 2022 02:41 AM

Will the case drag until the end of Gota's period

Bushel Tuesday, 21 June 2022 06:44 AM

The strangest thing is that Anura Kumara is in complete silence in this regard

Hubert Congreve Tuesday, 21 June 2022 07:01 AM

Yes, he has to abide unto the Law.

Roxton Shockman Tuesday, 21 June 2022 07:03 AM

If Gota tries to absorb all his close rotten associates in to Politics its not a wiser thing as he himself his counting his day to step down.

Russel Harmmer Tuesday, 21 June 2022 07:05 AM

Illegal Jackpot magnet coming in to the Parliament is not a good sign for SriLanka.

T.R. Ariyapala (attorney-at-law) Tuesday, 21 June 2022 07:07 AM

The truth is he had pumped so many billions to Mahinda that is why Gota has no other choice to take him in under his fold and give the maximum for him to earn more illegally.

Aragalaya Tuesday, 21 June 2022 07:23 AM

It has come to this now. Do we NEED a Supreme Court to decide this?? Any kid knows if you enter parliament you are violating every available law in the country. If you have a conscience would you enter parliament? The nation will decide that. Your past HISTORY is enough for anyone to run a mile away from you!

Bently Tuesday, 21 June 2022 07:50 AM

Ahhh. He's trying to be 'mister clean' (or mister bean)

Tissa Fernando Tuesday, 21 June 2022 08:12 AM

That is good. I think you can still serve better if you spend your time and effort in the private sector. No matter what good you do as a MP, the ungrateful people will find fault in you.

Aragalaya Tuesday, 21 June 2022 08:30 AM

It is also CRITICAL that every lawyer/legal professionals of all categories DISCLOSE their income STRICTLY. Goes without saying about the parliamentarians and other professionals. This will be a good start to CLEAN UP SRI LANKA.

Ranjan Tuesday, 21 June 2022 08:45 AM

The basic logic is can Karu Jayasuriya, Rocket Man, Sanath Jayasuriya or even Kaputas Hora Putha who did not contest prev elections or even was not in national list have the capability of being appointed as an MP? Is it One Law, One country for others and another law for the Pohottuwa?

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Dhammika Perera gives undertaking not to take oaths as MP until SC decides

Comments - 15

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