SC dismisses SB's rights application

Wasantha Ramanayake

The Supreme Court yesterday dismissed the Fundamental Rights application filed by former Samurdhi Minister S.B. Dissanayake.

The court allowed an application of the Counsel for the petitioner to withdraw the case.

Chief Justice Sarath N. Silva PC observed that it was apparent that the petitioner had failed to apply for leave through a Member of the Parliament.

The Bench comprised Chief Justice Sarath N. Silva PC and Justice Nimal Gamini Amaratunga and Justice Jagath Balapatabendi. Petitioner S.B. Dissanayake 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 the his rights had been violated by the appointment of Renuka Herath since the respondents had failed to secure his attendance to 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 the 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 he did not absent himself voluntarily but was prevented form 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 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, the Elections Commissioner, MP Renuka Herath, Former Prisons Commissioner Rumy Marzook and the Attorney General as respondents.

President's Counsel Faiz Musthapha with J.C. Weliamuna appeared for the petitioner.