Former President Maithripala Sirisena has sought a fuller bench comprising five judges or more than five judges of the Supreme Court to hear the Fundamental Rights petition challenging the decision of the Cabinet of Ministers to allow him to use the residence at Paget Road that he currently resides.
Former President is seeking an order in terms of the Article 132(3) of the constitution comprising five judges or more judges of the Supreme Court to hear this petition, taking into account the public importance of the petition.
This petition is due to be mentioned before a Bench of three Judges comprising Justice Preethi Padman Surasena, Justice YasanthaKodagoda, and Justice Mahinda Samayawardhane on 29th of March for consideration of the Petitioners’ application for interim relief.
Centre for Policy Alternatives (CPA) and its Executive Director, Dr. PaikiasothySaravanamuttu had filed this petition stating that the residence occupied by former President Maithripala Sirisena on Mahagama SekaraMawatha (Paget Road) is of great financial value and is a valuable asset of the Country.
The benefits received by former President’s and their widows are regulated by the President’s Entitlements Act, No. 4 of 1986.
The CPA stated that, the Supreme Court has previously recognised that the terms of the Presidents Entitlements Act, have to be strictly interpreted and applied. As such the CPA argued that, the allocation of a public asset of such financial value for the personal use of a former President who is no longer carrying out the functions of a Head of State is irrational, arbitrary and illegal, especially because the said residence was constructed in a manner befitting a Head of State. The CPA further argued it is wrong for the Cabinet of Ministers to decide on the benefits of a retiring President before he ceases to hold office.
Because of these reasons, CPA contended that the fundamental rights of the Petitioners’ and the fundamental rights of the citizens of Sri Lanka guaranteed under Article 12(1) (Right to Equality) of the Constitution have been violated by the above-mentioned decision made by the Cabinet of Ministers.
Faisz Musthapha PC, Faizer Musthapha PC, Counsel Pulasthi Herath and Counsel KeerthiTillekaratne appeared for former President Sirisena.
