SC dismisses FR Petition against Janaprith Fernando’s appointment as Chief Scout Commissioner: SC upholds preliminary objections

By Lakmal Sooriyagoda   

A Fundamental Rights application seeking an order to stay the appointment of Janaprith Fernando as Chief Commissioner of the Ceylon Scout Council was dismissed by the Supreme Court on Wednesday (25).   

A three-judge bench of the Supreme Court, comprising Chief Justice Jayantha Jayasuriya, Justice Shiran Gooneratne, and Justice Priyantha Fernando, decided to dismiss the application after considering the preliminary objections raised by the respondents challenging the maintainability of the case.   

Eleven members of the Ceylon Scout Council filed this application in the Supreme Court, naming the Ceylon Scout Council and seven others as respondents. The petitioners were challenging the appointment of Attorney-at-law Janaprith Fernando as Chief Commissioner of the Council, effective from October 1, 2021, by then-President Gotabaya Rajapaksa, who was the Chief Scout and Patron of the Council.   

The respondents raised preliminary objections challenging the maintainability of the application, citing that the purported cause of action does not warrant invoking fundamental rights jurisdiction to challenge the executive and administrative actions of the President.   

Senior Counsel Asthika Devendra with Kaneel Maddumage instructed by Thushari Jayawardena appeared for the petitioners. Viran Corea PC, Upul Kumarapperuma PC, Chandaka Jayasundera PC, Thilini Vidanagamage, Radha Kuruwitabandara and Suzie Beling appeared for the respondents. Deputy Solicitor General Nirmalan Wigneswaran appeared for the Attorney General.