Dr. P.B. Jayasundara's plea:

Five Bench judge panel to hear application

Wasantha Ramanayake

The Supreme Court yesterday fixed for hearing the application by former Treasury Secretary Dr. P.B. Jayasundara before a Bench of five Supreme Court Judges for August 27.

The former Secretary to the Treasury made the application seeking to relieve him from an affidavit tendered to the Supreme Court in the Fundamental Rights Application against the privatization of the Lanka Marine Services Ltd.(LMSL).

The Court also directed the President's Counsel Faiz Musthapha, counsel for Dr. P.B. Jayasundara to provide the copies of a secret affidavit to the petitioner, all the intervening petitioners and respondent Nihal Sri Amarasekere when the counsel for the petitioner and intervening petitioners raised objections to an application by the President's Counsel seeking to tender the affidavit to Court and the Attorney General.

The former Secretary to the Treasury filed the motion seeking to relieve him from an affidavit dated October 16, 2008 given to the Court stating that he would not accept any office in the Government in future.

The former Secretary to the Treasury stated in his motion that the President had requested him that his service as Secretary to the Treasury and Secretary to the Finance and Planning Ministry was required in the national interest.

The petitioner, however, stated that the affidavit submitted to the Supreme Court in pursuant to Court Order in the aftermath of the delivery of the judgment in the LMSL Rights plea was barring him from accepting any office in the Government.

He sought the Court to relieve him from the affidavit tendered to Court pursuant to the Court Order. He stated that the President was vested with the power under the Constitution to appoint Secretaries to the Ministries and they could hold office until the dissolution of the Cabinet of Ministers.

President's Counsel Faiz Musthapha appeared for the former Secretary to the Treasury.

Deputy Solicitor General Shaveendra Fernando appeared for the Attorney General.

M.A.Sumanthiran with Viran Corea appeared for Vasudeva Nanayakkara (petitioner) in the LMSL rights plea.

The application was fixed for inquiry for August 27.