Former President Maithripala Sirisena, through his lawyer, informed the Supreme Court that presidential immunity does not apply to incumbent President Ranil Wickremesinghe regarding the acts done in his capacity as the Prime Minister.
President’s Counsel Faizer Musthapha appearing for former President Sirisena raised objections against the request that President Wickremesinghe, should be discharged from the Fundamental Rights petitions filed over the Easter Sunday attacks.
“The constitutional provisions are clear that the immunity is for the acts done as the President. The Presidential immunity does not extend to the acts done in any other capacity. If the court holds that immunity applies, then the fundamental rights applications must be laid by as you cannot hear the case against other respondents,” Musthapha said.
Counsel Suren Fernando appearing for President Ranil Wickremasinghe had made an application, to discharge his client from the twelve Fundamental Rights petitions filed over the Easter Sunday attacks, based on Article 35(1) of the constitution.
Through these petitions, petitioners, including Sri Lanka Bar Association, are pleading an order to prosecute those directly or indirectly responsible for terrorist attacks. They are also claiming compensation 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.
