Writ petition filed by Nagananda Kodituwakku: CA holds proceedings against Prez cannot be maintained

By Lakmal Sooriyagoda   

The Court of Appeal yesterday decided not to continue case proceedings against President Ranil Wickremesinghe in a writ petition filed by General Secretary Vinivida Foundation Nagananda Kodituwakku. 

  Kodituwakku had filed this writ petition challenging Litro Gas Company’s decision to purchase domestic LP Gas for a higher bid. Litro Gas Lanka Ltd, its Chairman, President Ranil Wickremesinghe, Advisor to the President Sagala Ratnayake, Siam Gas Trading Pvt Ltd and several others had been named as respondents of this petition.   

Court of Appeal two-judge-bench comprising Justices Mayadunne Corea and C.P Kirtisinghe held that the proceedings against the President cannot be maintained in this Court while he holds the post of the President of the Democratic Socialist Republic of Sri Lanka.   

It is abundantly clear that while President Wickremesinghe holds the high office of the Executive Head of State, there is an absolute immunity conferred on him by the constitution and the same has been established by legal precedence, Justice Corea observed.   

The Attorney General had raised preliminary objections challenging the maintainability of the petition in terms of Article 35 (1) of the Constitution - immunity to the President from any proceedings.