Written by Staff Writer
03 Dec, 2018 | 7:44 pm
Colombo (News1st): The Court of Appeal has issued an interim injunction halting Mahinda Rajapaksa, his ministers, deputy ministers, and state ministers from continuing to function in their respective portfolios.
The order was issued when the writ of quo warranto filed by 122 MP petitioners was taken up before the Court of Appeal today (December 3).
The Court also issued notices on the respondents directing them to show by what authority they claim to function in public office as Prime Minister, cabinet ministers, non-cabinet ministers, and deputy ministers. The petitioners had pointed out that a No Confidence Motion had been passed in parliament twice, and that the respondents had usurped public office.
The court said that it considered the submissions made by the PC appearing on behalf of the respondents that it interim relief was granted, it would result in the country having no Prime Minister, cabinet and no ministers. On the other hand, the court had also considered the submissions of PC appearing on behalf of the petitioners who pointed out that grave damage would be caused if interim relief was not granted.
Court held that what the petitioners have requested is not to restrain the functioning of the Prime Minister or the cabinet, but to restrain the respondents from functioning in those capacities. The case will be called once again on the 12th of December.
UNP MP and Attorney at Law Ajith P. Perera noted that following the adoption of the no-confidence motion in parliament, Mahinda Rajapaksa and the other ministers retained power illegally as Prime Minister and cabinet under Article 48 (2) of the constitution.
He added that the Court of Appeal issued an interim injunction against them and as of this moment, Mahinda Rajapaksa and his illegal cabinet cannot even place a signature. MP Perera stated that he believes that if there is any shame, the President will act today to resolve this problem.
Meanwhile, UPFA MP and Attorney at Law Udaya Gammanpila speaking to the media noted that as they expected, the court has issued notice on the respondents. He added that as a party they did not expect the interim injunction issued by court constraining the Prime Minister and the cabinet from functioning.
He stated that in truth they are surprised at the decision made by the court since they put forward evidence that this was based on false documentation. He said that even though they respect the decision of the court, they do not agree with it.
Mahinda Rajapaksa issuing a communique announced that he does not agree with the interim order issued by the Court of Appeal. He noted that an appeal against the order will be submitted to the Supreme Court tomorrow morning (December 4).
The statement went onto note that it is the Supreme Court that exercises final power in constitutional interpretation and taking relevant decisions. Rajapaksa added that they remain committed to the movement to hold a parliamentary election in order to restore political stability.
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