Thursday, 17 June 2004  
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Petition against Rumy Marzook dismissed

by Wasantha Ramanayake

The Supreme Court, dismissed a Fundamental Rights application filed against the appointment of the Commissioner General of Prisons.

The counsel for the petitioners moved to withdraw the application on the basis that the 15th respondent no longer held the position of Commissioner General of Prisons. The Bench comprised Chief Justice Sarath N. Silva PC and Justices Asoka de Silva and Mrs. Shirani Thilakawardane.

Twelve petitioners including C.T. Jansz of Dehiwala and Walter Ladduwahetti of Colombo 5, cited the then Prime Minister, Interior Minister, Rumy Marzook and 14 others as respondents. Petitioners stated that the post of the Commissioner General of Prisons had become vacant and applications were called to fill the same from the Commissioners of Prisons with experience not less than five years in the same capacity. Accordingly, they forwarded their applications.

They also stated that the Cabinet of Ministers recommended respondent Rumy Marzook as the new Commissioner General of Prisons. Petitioners alleged that Public Service could not have approved the appointment since Marzook did not have the required qualifications.

Petitioners sought to quash the said appointment.

Elmore Perera appeared for petitioners. Sanjeewa Jayawardane with Mrs. P. Gunasekera instructed by G.G. Arulpragasam appeared for Marzook. Senior State Counsel S. Fernando appeared for the Attorney General.

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