'I will file, i will appear'
September 9, 2014
Former CJ ready to battle President
BY STANLEY SAMARASINGHE
Former Chief Justice, Sarath N. Silva, told Ceylon Today he would file a Fundamental Rights Petition, in the Supreme Court, to prevent Mahinda Rajapaksa from contesting the Presidential Election a third time.
He further said he would file the petition as a matter of public litigation and he himself, as a citizen of the country, would appear before Court to argue the case.
According to the former CJ, President Rajapaksa is not qualified to contest for the Presidential Election for a third time after completing his second term.
Silva added that the 18th Amendment to the Constitution, which specifies that the incumbent President is entitled to contest a third time, was not done in good faith.
Although there is a change in the Constitution 31(2,) it was not done in appropriate way to amend the Constitution of a country, contended the form CJ.
In such circumstances, the former CJ said that Mahinda Rajapaksa cannot seek a Supreme Court interpretation, since it is not matter of public interest and the Supreme Court is empowered by the Constitution to hear a citizen's petition filed as matter of public litigation.
He said he will argue this matter based on the fact that the 18th Amendment was not done in good faith.
September 9, 2014 Former CJ ready to battle President
BY STANLEY SAMARASINGHE
Former Chief Justice, Sarath N. Silva, told Ceylon Today he would file a Fundamental Rights Petition, in the Supreme Court, to prevent Mahinda Rajapaksa from contesting the Presidential Election a third time.
He further said he would file the petition as a matter of public litigation and he himself, as a citizen of the country, would appear before Court to argue the case.
According to the former CJ, President Rajapaksa is not qualified to contest for the Presidential Election for a third time after completing his second term.
Silva added that the 18th Amendment to the Constitution, which specifies that the incumbent President is entitled to contest a third time, was not done in good faith.
Although there is a change in the Constitution 31(2,) it was not done in appropriate way to amend the Constitution of a country, contended the form CJ.
In such circumstances, the former CJ said that Mahinda Rajapaksa cannot seek a Supreme Court interpretation, since it is not matter of public interest and the Supreme Court is empowered by the Constitution to hear a citizen's petition filed as matter of public litigation.
He said he will argue this matter based on the fact that the 18th Amendment was not done in good faith.
