A Fundamental Rights petition filed seeking a declaration urging the President to retain both Defence and Buddha Sasana Ministries under his purview dismissed today by the Supreme Court.
A Supreme Court bench, comprising Justice L.T.B. Dehideniya, Justice and Justice A.H.M.D. Nawaz and Justice Shiran Goonaratne observed that there is no legal basis to proceed with the petition.
Attorney-at-law Aruna Laksiri had filed this petition naming the President and the Attorney General as respondents.
The petitioner, Aruna Laksiri, maintained that President should retain the Ministry of Buddha Sasana according to Article 9 of the Constitution.
The Attorney General in the meantime, moved the Court to dismiss the petition, since it had been filed under the provisons of the 19th amendment to the constitution.
However, Aruna Laksiri had argued that the 19th Amendment to the constitution was enacted illegally and his contention is based on the constitutional provisions guaranteed under Article 9 of the constitution.
The petitioner argued that in terms of Article 4(b), 30, 33 and Article 9, 105.4 of the constitution, the President cannot appoint any Parliamentarians to function as the Minister of Defence and Minister of Buddha Sasana respectively.
The petitioner alleged that the President had acted contrary to Articles 9, 30 and 105. (4) of the Constitution by handing over the Ministry of Buddha Sasana to a Parliamentarian.
The petitioner argued that the President cannot hand over the Ministry of Buddha Sasana to a Parliamentarian since Article 9 of the constitution has recognised that Sri Lanka shall give Buddhism the foremost place.
The petitioner is also seeking a declaration that rights guaranteed under Articles 9, 10 and 12.1 of the constitution had been violated by the President due to handing over the Ministry of Buddha Sasana to a Parliamentarian.
