Monday Apr 29, 2024
Monday Apr 29, 2024
Friday, 6 December 2019 00:00 - - {{hitsCtrl.values.hits}}
The Fundamental Rights application challenging the decision of the then-Cabinet of Ministers to allow former President Maithripala Sirisena the continuous use of his official residence at Mahagama Sekara Mawatha (Paget Road), even after retirement, was taken up for support before the Supreme Court yesterday, but was postponed for 11 February 2020, due to the need to amend the Petition to reflect the new Cabinet of Ministers.
The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu filed the FR application before the former President left office, and hence its Respondents are Ministers of the former Cabinet.
The Petitioners state that the benefits received by former Presidents and their widows are regulated by the Presidents Entitlements Act, No. 4 of 1986, and the SC has previously recognised that the terms of this Act have to be strictly interpreted and applied.
The Petitioners state 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 designed/constructed in a manner befitting a President/Head of State.
They further argue it is wrong for the Cabinet of Ministers to decide on the benefits of a retiring President before s/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.
The Petitioners recognise that a former President is entitled to certain benefits in terms of the Presidents Entitlements Act, and to security in view of security concerns, and as such the Petitioners have limited their challenge to only the decision to provide continued use of the Mahagama Sekara Mawatha residence, and the costs associated with the same.
