18 March 2024 09:12 pm Views - 1595
In her petition, Hirunika named Secretary to the President Saman Ekanayake, Chairman of the Constitutional Council Speaker Mahinda Yapa Abeywardana, members of the Constitutional Council and the Attorney General as respondents.
The petitioner stated that the Attorney General had made a communication to name Tennakoon as a suspect in a matter before the Magistrate’s Court of Fort pertaining to the attack on peaceful protesters at Galle Face on May 09, 2022.
The petitioner further stated that in the Supreme Court judgement (SC FR 107/2011) found Deshabandu Tennakoon, as having violated the fundamental rights of a former army soldier under Articles 11, 12(1), 13(1) and 13(2) of the Constitution and Court ordered him to pay Rs.500,000 as compensation.
The Petitioner states that the failure to take all possible steps in selecting and appointing a suitable candidate is contrary to the best interests of the People, and contrary to the duty of all organs of State to respect, secure and advance the Fundamental Rights of the People.
The petitioner maintained that this appointment would result in a direct attack on the Rule of Law, and a consequent denial to the Petitioner and the citizens’ rights guaranteed by Article 12(1) of the Constitution and ignoring clear constitutional provisions in particular Article 41(E)4, concerning manner of voting in the constitutional council when only four members have voted in favour of such appointment. This petition had been filed through Attorney-at-Law Sithara Sampath Wijewardena.