Supreme Court discharges Ranil from Easter Sunday attacks petitions

26 September 2022 10:23 am - 11 - {{hitsCtrl.values.hits}}

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The Supreme Court today held that proceedings in respect of several Fundamental Rights petition filed over Easter Sunday attacks cannot be continued against President Ranil Wickremasinghe at this stage.

Supreme Court seven-judge-bench headed by Chief Justice Jayantha Jayasuriya observed that prohibition against continuation of proceedings against an incumbent President has been imposed for the common good of the affairs of the State.

While delivering the order, Chief Justice Jayantha Jayasuriya with other judges agreeing interpreted the Article 35 of the Constitution and held that the immunity conferred thereby applies in favour of President Ranil Wickramasinghe and therefore the fundamental rights petitions cannot be continued against President Ranil Wickramasinghe.

"It is important that the head of state has to be freed from any form of harassment, hindrance or distraction to enable him to fully attend to the performance of his official duties and functions this contextual approach to the words of Article 35 (1) is consistent with the spirit of the Constitution", Supreme Court held.

Counsel Suren Fernando appearing for President Ranil Wickremasinghe had earlier made an application to discharge his client from the twelve Fundamental Rights petitions filed over Easter Sunday attacks, based on the Article 35(1) of the constitution.

While passing the order, Chief Justice Jayantha Jayasuriya observed that no proceedings shall be instituted or continued against the President, during his tenure of office and except for the exceptions that have been specifically provided for in the first proviso and Article 35(3), the constitutional embargo that proceedings that commenced before the election of the President cannot continue must be enforced.

The Supreme Court further held that proceedings have to continue against former President Maithripala Sirisena because there was no immunity that attached to him even when the proceedings began. The court is of the view that there is no immunity that inures to former President Sirisena now and these proceedings need to continue against him.

Former President Maithripala Sirisena through his lawyer had informed Supreme Court that presidential immunity is not applicable to incumbent President Ranil Wickremesinghe regarding the acts done in his capacity as the Prime Minister .

Twelve petitioners including the Bar Association of Sri Lanka are pleading an order to prosecute those who directly or indirectly responsible for terrorist attacks. They are also claiming compensations for the victims of the terrorist attacks.

The Supreme Court seven-judge-bench compromising Chief Justice Jayantha Jayasuriya, justices Buwaneka Aluvihare, L.T.B. Dehideniya, Murdu Fernando, S. Thurairajah, A.H.M.D. Nawaz and Shiran Gooneratne fixed the petitions for argument on September 29.

Sanjeewa Jayawardena PC, Saliya Saliya Peiris PC, Manohara De Silva PC, Senior Counsel Gamini Perera, Darshana Weraduwage and Chrishmal Warnasuriya appeared for the petitioners.

Senior Additional Solicitor General Priyantha Nawana appeared for the Attorney General. Faizer Musthapa appeared for former President Mathripala Sirisena.

Counsel Suren Fernando appeared for President Ranil Wickramasinghe.

Shammil Perera PC with Counsel Varuna Senadhira and Duthika Perera appeared for the Archbishop of Colombo. (Lakmal Sooriyagoda)

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Comments - 11

L Jaya Monday, 26 September 2022 10:39 AM

The immunity should be removed from the constitutional provisions preventing the escape route for any crimes previously committed.

Sen Rajapaksha Monday, 26 September 2022 10:47 AM

MS's charges removed due to immunity. GR had the same advantage. Now RW. So, who will be fighting to be president now?

Mahila Tuesday, 27 September 2022 05:23 AM

Presidential Immunity is applicable only during the tenure of Office of EP??!! Not after that period forever!! MS and GR are w/o Immunity now?? They are not immune and MS is facing charges??!!

Ram Monday, 26 September 2022 11:00 AM

The arrogance Ranil shows at present could be a catalyst for a early exit from office. He will be added again like how MS wad added

rbh Monday, 26 September 2022 11:09 AM

Even before no legal action against any one and who is to blame now.

Lawyer Monday, 26 September 2022 11:24 AM

It is surprising that a Case was filed against the President knowing that he enjoys immunity when in Office?

Action for freedom Monday, 26 September 2022 11:28 AM

Any person can take 1000 bribes and kill 10,000 and if elected through Parliament to President, he become immune. Our Supreme Court does not have any sense of justice, or our Constitution is a corrupt thing, when any criminal can escape for past action for being President.

Anthony Monday, 26 September 2022 11:29 AM

Ok well this is understandable, but is this applicable to former Presidents and Priministers who have robbed and destroyed the country.

Lank Monday, 26 September 2022 11:55 AM

This is not new in Sri Lanka political culture.. whoever comes to power could dismiss any legal case against him or her ..that is Sri Lankan democracy.. If you are j power no matters how judges do and all judges are scared of political leaders and to save their jobs and seek some favour they don't speak out against any political leaders. That is shame as in Myanmar and other countries .

Cherath Monday, 26 September 2022 01:54 PM

Something amis here. This President was NOT elected by people. He was chosen by 134 MPs. The privilege of immunity from all charges should NOT be applicable to a President who was outside the people's mandate. The constitutional provision was OUT OF ORDER.

Please go ahead Monday, 26 September 2022 08:31 PM

Hello Anthony! You are free and welcome to file case against former President and former Prime minister, simply because they no more in power. Please go ahead and file case or cases now.

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Supreme Court discharges Ranil from Easter Sunday attacks petitions

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