SC defers FR contesting President’s takeover of Rupavahini to 9 Oct.

By S. S. Selvanayagam

The Supreme Court (SC) yesterday deferred until 9 October the Fundamental Rights petition contesting the Extraordinary Gazette notification which brought Sri Lanka Rupavahini Corporation (SLRC) under the purview of President Maithripala Sirisena.

The bench comprising Justices Buwaneka Aluwihare and Murthu N.B. Fernando deferred for granting of Leave to Proceed as the Bench was not properly constituted.

Ven. Dambara Amila Thera and Prof. Chandraguptha Thenuwara in their petition cited the Attorney General (AG) as respondent.

In their petition, they state Ruwan Wijewardene was appointed as Non-Cabinet Minister of Mass Media by Extraordinary Gazette dated 26 February 2019. They state SLRC and the Sri Lanka Rupavahini Corporation Act came under the purview of the Non-Cabinet Minister of Mass Media.

“The President is the Minister of Defence, Mahaweli Development and Environment. The duties of the President do not include those relating to SLRC or the Sri Lanka Rupavahini Corporation Act,” they stated.

On 9 September, the President by gazette purported to assign to himself the function of implementing programmes for the promotion of peace, harmony and reconciliation among people whilst ensuring national security through the use of audio-visual media. They impugn that purported proclamation has been promulgated with mala fide, especially in the light of the impending presidential election and amount to the President seeking to achieve what the Constitution prohibits being directly achieved.

They are seeking a declaration from the Court that the purported act of the President in seeking to vest the duties and functions and bring the Rupavahini Corporation under his purview is ultra vires and null and void.

They also ask a declaration that the proclamation in the Gazette has violated the fundamental rights to the petitioners under Article 12 of the Constitution.

They are seeking an interim order suspending the operation of the said Gazette Extraordinary dated 9 September 2019 and directing that the President shall exercise no powers of functions with regard to the Rupavahini Corporation until the hearing and determination of this application.

Suren Fernando appeared for the petitioners while Additional Solicitor General Demuni de Silva appeared for the AG.