Supreme Court rules President can run for third term
Wednesday, 12 November 2014 00:25
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By Ashwin Hemmathagama Our Lobby Corresponded
President Mahinda Rajapakse has received what a Senior Minister described as the “much-wanted favourable interpretation” from Supreme Court.
Minister of Irrigation and Water Resources Management and the Leader of the House of Parliament Nimal Siripala de Silva yesterday informed the Parliament the Supreme Court has given the greenlight, allowing the President to stand for another round of elections.
“It is with great pleasure I inform this House of the Supreme Court interpretation, which held that it lawful and not against the Constitution for President Mahinda Rajapaksa to stand for a third term. According to the Supreme Court, the necessary provisions are already found in the Constitution,” he told the House.
On Monday night, the Supreme Court delivered its determination on incumbent President Mahinda Rajapaksa’s eligibility to contest for a third term to the President at Temple Trees.
The opinion was endorsed by the nine Supreme Court judges who met at the Chief Justice’s room at the Supreme Court yesterday. They discussed for about one-and-a-half hours before endorsing their opinion on the President’s requests.
The Supreme Court Bench comprised Chief Justice Mohan Peiris, Justice K. Sripavan, Justice Chandra Ekanayake, Justice Priyasath Dep, Justice Eva Wanasundera, Justice Rohini Marasinghe, Justice B.P. Aluvihara, Justice Sisira de Abrew, Justice Sarath de Abrew and Justice Priyantha Jayawardena.
Earlier, the President submitted a series of questions to the Supreme Court for its consideration asking the apex Court to submit its opinion on to him before 10 November.
President Rajapaksa, who was elected in January 2010 for a second term in office, asked the Supreme Court whether the Constitution, as amended by the 18th Amendment, will allow him to declare his intention to contest for presidency after the expiration of four years from the date of commencement of his second term of office as President on 19 November 2010.
The President made the request in terms of Provision 129 (I) of the Constitution.
The Apex Court informed the Bar Association of Sri Lanka of the President’s request and asked them to submit any points they have in writing to the Registry of the Supreme Court by Friday, 7 November.
Interested parties submitted 38 petitions to the Court both in favour and against the President’s inquiry. The Bar weighed in on behalf of the President and the majority of submissions were in his favour.
The decision by President last week to seek Supreme Court opinion came under fire by Opposition parties as well as legal experts whilst Bar Association sought extended time to submit written submissions apart from wanting to make oral submissions. UNP Leader Ranil Wickremesinghe noted Supreme Court opinion on the constitutionality of the President seeking a third term has no validity since there is no legal binding in such an opinion. The JVP filed a motion to appeal to the Supreme Court to hear the opinion sought by the President in open court.