30 March 2022 12:00 am Views - 170
By Lakmal Sooriyagoda
The Supreme Court yesterday issued an interim order suspending the decision of the Cabinet of Ministers to allow former President Maithripala Sirisena continuous use of the residence currently used by him at Paget Road.
This order will be effective until the final determination of this Fundamental Rights petition.
Supreme Court three-judge-bench comprising Justice Preethi Padman Surasena, Justice Yasantha Kodagoda and Justice Mahinda Samayawardena made this order pursuant to a Fundamental Rights petition filed by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu.
The Supreme Court further issued an interim order preventing the respondents from acting in terms of the cabinet decision dated 15th of October, 2019.
Delivering the order regarding the interim relief, Justice Preethi Padman Surasena observed that this Interim Order must be operative after four weeks from yesterday (29).
Counsel Suren Fernando appearing for the petitioner submitted to Court that it is wrong for the Cabinet of Ministers to decide on the benefits of a retiring President before he ceases to hold office. Suren Fernando argued that this cabinet decision had been taken violating accepted procedure set out in the law.
However, President’s Counsel Faiz Mustapha appearing for the former President argued that there is no warrant for issuing an interim relief as the relevant cabinet decision was later on endorsed by the Parliament.
He further argued that this residence is an ideal place for the former President when considering the security reasons.
The Supreme Court had earlier granted leave to proceed with this application in terms of Article 12(1) of the constitution. The petition was fixed for argument on May 18.
In their Petition, the petitioners stated that the residence occupied by former President Maithripala Sirisena on Mahagama Sekara Mawatha (Paget Road) is of great financial value and is a valuable asset of the country.
The benefits received by former Presidents and their widows are regulated by the Presidents Entitlements Act, No. 4 of 1986.