SB challenges Renuka's accession to Parliament

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday re-fixed the inquiry in the Fundamental Rights application filed by former Samurdhi Minister S. B. Dissanayake for, May 23. The Bench comprised Cheif Justice Sarath N. Silva PC and Justice Nihal Jayasinghe and Justice Jagath Balapatabendi.

Petitioner S. B. Dissnayake in his rights application challenged the appointment of Nuwara Eliya UNP District Parliamentarian Renuka Herath in order to fill the seat purportedly vacated due to his incarceration.

The petitioner stated that his rights had been violated by the appointment of Renuka Herath since the respondents had failed to secure his attendance to the Parliament while the petitioner was serving a two-year prison sentence for making a contemptuous statement of the Supreme Court.

Dissanayake further alleged that he had been prevented from attending parliamentary sessions although he had expressed his desire in writing in February, 2005, to attend the sessions while in the prison. He also stated that his absence was not voluntary but was prevented from doing so by the respondents.

He stated that the declaration made by the Secretary General on the basis that he had failed to attend the session without obtaining the leave was arbitrary and illegal and in violation of his rights.

He stated that the failure of the Secretary General to hear him was in violation of the natural justice as well as his fundamental rights.

The petitioner sought a declaration to nullify the steps taken to appoint Renuka Herath to fill the seat purportedly vacated by the petitioner.

He cited Parliamentary General Secretary Priyani Wijesekera, Election Commissioner, Renuka Herath, Former Prison Commissioner Roomy Marsook and the Attorney General as respondents.

The hearing was fixed for May 23.