Court rules former President’s benefits illegal

No right to premises at Independence Square

Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday determined that the rights of the petitioners had been violated by executive action in the purported grant of benefits and advantages to former President Chandrika Bandaranaike Kumaratunga contrary to the provisions of Presidents’ Entitlements Act No. 4 of 1986.

Accordingly, the court ordered the first respondent, former President and the State to pay Rs. 100,000 each as cost to the three petitioners in the fundamental rights application that challenged certain Cabinet grants to the former President upon her retirement.

The court held that the former President had no right to use the premises at Independence Avenue and that the Cabinet decisions made from time to time in connection with her personal and security staff had no force in law.

The court observed that the former President would be entitled to the benefits as stated in Sections two and three of the Presidents’ Entitlement Act No. 4 of 1986. However, court held that since the Independence Avenue premises had not been used as a residence could not be considered as a appropriate residence for the purpose of Section 2 of the Act.

“The entitlement would be to an appropriate residence free of rent where an appropriate residence is not available. The first respondent would be entitled to a monthly allowance of 1/3 of the monthly pension payable.

Premises No. 27, Independence Avenue, Colombo 7 which has not been used as a residence could not be considered as an appropriate residence for the purpose of Section 2 of the Act.”

The court further held that the first respondent would be entitled to a monthly secretarial allowance that would be computed in accordance with Section 3(1)(a) of the Act and the official transport and facilities would be as permitted in terms of the Section 3(2)(a) of the Act.

The court also made a formal declaration that the decision to grant the extent of land in Madiwela to the former President was contrary to law since the land had been returned by the first respondent consequent to the filing of the application.

The court regarded the Presidents’ Entitlement Act was a unique piece of legislation which grants entitlements only to former Presidents and their widows and apparently with out any precedent in any other country.

“Intrinsically it is an exception to the concept of equality before the law, since no other holder of public office is granted such benefits.It appears that there is no similar legal provision in any other country.”

The Bench comprised Chief Justice Sarath N. Silva PC, Justice (Mrs.) Shirani Thilakawardane and Justice Nimal Gamini Amaratunga.

Delivering the unanimous judgment, Chief Justice Sarath N. Silva PC, with other judges agreeing, noted that the facts which had been clearly established would prove that the first respondent and the Cabinet of Ministers secured for her benefits and advantages in the purported exercise of executive power in breach of the provisions of the Presidents’ Entitlement Act.

“Since executive power is exercised in trust for the People, such wrongful action is an infringement of the fundamental right to equality before the law guaranteed by Article 12(1) of the Constitution,” the Chief Justice observed.

Three petitioners, lawyers, Hiroshana Senerath of Kelaniya, D.M. Dasanayake and Ajith Liyanage both of Nugegoda sought to quash the decisions of the Cabinet dated November 3, 2005 granting an extent of prime land located in Madiwela, security personnel, staff and vehicles in excess of the President’s Entitlement Act No. 4 of 1986.

They stated that the Cabinet decisions was arbitrary, unlawful and in violation of the Fundamental Rights of the petitioners.

They stated that the implementation of the decisions would adversely affect the public finance of the country and would violate the rights of the petitioners.

Peter Jayasekera and K. Thiranagama and Kosala Senadheera appeared for the petitioners.

President’s Counsel Nigel Hatch with Gaston Jayakody and K. Geekiyanage appeared for the first respondent the former President. Additional Solicitor General P.A. Ratnayake PC and Senior State Counsel Indika de Silva appeared for the respondents.