Direct Lalith Weeratunga To Refrain From Processing Any Documents Purporting To Appoint An Acting CJ: Full Text Of Elmore’s New Petition
“Direct the Secretary, Ministry of Defence Gotabhaya Rajapaksa, and I.G.P, N.K. Illangakoon, to take all steps necessary to ensure that the Chief Justice and all other members of the Judiciary will be able to carry out their lawful duties as Judicial Officers, pending final determination of this matter” Elmore Perera urges in a petition to the Supreme Court.
Elmore Perera urges; declare that the Petitioner’s fundamental right to a fair trial by a competent Court guaranteed by Article 13(3) of the Constitution, his fundamental right to be presumed innocent until he is proved guilty by a competent Court guaranteed by Article 13(5), and his fundamental right to apply to the Supreme Court for a remedy in terms of Article 126 of the Constitution in respect of an infringement or imminent infringement of a fundamental right as guaranteed by Article 17 of the Constitution have been infringed or such infringement is imminent, as a result of the unlawful acts aforementioned, of the PSC members; quash Standing Order No. 78A set out in P1 as being inconsistent with Articles 3, 4 and 74(1)(ii) of the Constitution; direct the Speaker to refrain from proceeding with any further action in respect of the unlawful trial conducted by members of the PSC in terms of Standing Order 78A, pending final determination of this matter; request/urge/direct the Chief Justice to refrain from taking any further cognisance of the unlawful trial conducted by PSC in terms of Standing Order 78A, or of any further acts arising therefrom, pending final determination of this matter; direct Secretary to the President, Lalith Weeratunga to refrain from processing any documents purporting to appoint any individual as Acting Chief Justice or as Chief Justice to replace the present Chief Justice, pending final determination of this matter.
We publish below the full text of the petition;
IN THE SUPREME COURT OF THE
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
In the matter of an Application under
Article 126 of the Constitution
Elmore M. Perera,
144, Vipulasena Mawatha.
Colombo 10 Petitioner
S.C. Application Vs.