President Wickremasinghe should be discharged from FR petitions filed over Easter Sunday attacks: Counsel

Counsel Suren Fernando appearing for President Ranil Wickremasinghe today moved Supreme Court that his client should be discharged from the Fundamental Rights petitions filed over Easter Sunday attacks, owing to the presidential immunity.

Suren Ferndando, Counsel for the former Prime Minister and incumbent President Ranil Wickremasinghe submitted to Supreme Court that in terms of the Constitutional provisions, even the Attorney General cannot be named to represent his client.

Fernando maintained that his Client should be discharged from these Fundamental Rights Applications forthwith.

Twelve Fundamental Rights petitions pertaining to the Easter Sunday Attacks were taken up yesterday before a fuller bench of the Supreme Court in order to enable the petitioners and relevant parties to mention their stance in respect of these Fundamental Rights applications pertaining to the maintaining of these Applications against President Ranil Wickramasinghe upon his assuming office as the President of Sri Lanka. Meanwhile, Additional Solicitor General Priyantha Navana appearing for the Attorney General stated that Immunity does apply, in relation to former Prime Minister and incumbent President Ranil Wickremasinghe.

Several Counsel appearing for the petitioners including Manohara de Silva PC, Saliya Peiris PC and Sanjeewa Jayawardena PC raised objections and stated that the provisions with regard to Immunity under Article 35 of the Constitution does not apply to the former Prime Minister and now President Ranil Wickramasinghe.

Shammil Perera PC, appearing on behalf of the Archbishop of Colombo, made his submissions in concurrence with the position taken by the President's Counsel appeared for the petitioners and stated that Immunity of President under Article 35 of the Constitution, does not apply to the former Prime Minister Ranil Wickramasinghe in these Fundamental Rights Applications. Since the issue involved is a pure question of law, the Supreme Court directed all parties to make submissions in this regard.

Thereby, these petitions were refixed for today (27) for Faiszer Musthapha PC, the Counsel for the Former President Maithripala Sirisena to make his submissions in this regard, and for 02nd August 2022 for the other Counsel to make their submissions.

Through these petitions, petitioners including Sri Lanka Bar Association 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 compromised Chief Justice Jayantha Jayasuriya, justices Buwaneka Aluvihare, L.T.B. Dehideniya, Murdu Fernando, S. Thurairajah, A.H.M.D. Nawaz and Shiran Gooneratne. Sanjeewa Jayawardena PC appeared for the Bar Association of Sri Lanka (BASL). Saliya Saliya Peiris PC, Manohara De Silva PC appeared for other Petitioners. Shammil Perera PC with counsel Varuna Senadhira and Duthika Perera appeared for the Archbishop of Colombo. (Lakmal Sooriyagoda)