SC quashes cabinet decision granting residence to Ex-President Sirisena

By Lakmal Sooriyagoda   

The Supreme Court today held that the cabinet decision to grant former President Maithripala Sirisena to use a residence at Paget Road in Colombo was an arbitrary, unreasonable, and illegal decision that amounts to a violation of the Rule of Law and the Fundamental Rights guaranteed to citizens. Accordingly, the Supreme Court decided to quash the Cabinet decision dated 15th of October, 2019 which allowed former President Maithripala Sirisena to continuous use of the residence used by him at Paget Road.  

The Supreme Court three-judge-bench comprising Justices Priyantha Jayawardena, Gamini Amarasekara and Kumudini Wickremasinghe held that the decision taken by the Cabinet of Ministers to provide a resident to President Sirisena with entitlements beyond the scope offered by the Presidents Entitlements Act No. 4 of 1986.  

The Supreme Court delivered this judgement pursuant to a Fundamental Rights petition filed by Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu.  

The petitioners alleged that it is wrong for the Cabinet of Ministers to decide on the benefits of a retiring President before he ceases to hold office. The petitioner further said that this cabinet decision had been taken violating accepted procedure set out in the law.  

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.  

Senior Counsel Suren Fernando appeared for the petitioners. Faisz Musthapha PC, Faizer Musthapha PC, Counsel Pulasthi Herath and Counsel Keerthi Tillekaratne appeared for former President Sirisena.