Appeal Court reserves order in case against SL President

[TamilNet, Tuesday, 18 November 2003, 17:09 GMT]
The Court of Appeal Tuesday reserved its order for December 17th on an application made by the Sri Lanka Legal Aid Foundation seeking the court to order Sri Lankaís President, Ms. Chandrika Kumaratunge, to appear in person in a case in which she has been cited as respondent for failing to appoint members to the National Independent Election Commission as recommended by the Constitutional Council, legal sources said.

The petitionerís application states that the Constitutional Council has recommended members to be appointed to the National Independent Election Commission, which has been established under the 17th amendment to the constitution and has been sent to the President for taking necessary action. But the President has failed to appoint persons as recommended by the Constitutional Council, legal sources said

The counsel for the petitioner argued at the last date of inquiry that the respondent, the President, should be summoned to court and should be inquired regarding her failure in this regard, legal sources said.

When the petition was taken up for further inquiry Tuesday before the Court of Appeal, the Additional Solicitor General on behalf of the Attorney General submitted to court that the AG was of the view that the President had been given immunity by the constitution and as such she could not be summoned to court for giving evidence, legal sources said.

The Additional Solicitor General cited several judgments in favor of his argument and said the Court of Appeal has no power to summon the President to court, legal sources said.

The counsel for the petitioner stated that the Court has been empowered to inquire into this petition if the President neglected her duties provided to her by the constitution, legal sources said.

The Court of Appeal reserved its order on the application that the respondent President should be summoned to court to give evidence in this case for December 17th, legal sources said.

 

Latest 15 Reports
19.07.18 23:22   Photo
Skulls with bullet-like holes excavated in Mannaar mass grave, women and children among victims
18.07.18 19:21   Photo
Uprooted Mu'l'lik-ku'lam Tamils adopt Ira'nai-theevu approach, enter their lands seized by SL Navy
17.07.18 21:29   Photo
Colombo steps up shadow war against NPC Chief Minister Wigneswaran
16.07.18 22:48   Photo
SL Forest Department seizes agricultural lands of Eezham Tamils in Paduvaan-karai
15.07.18 19:14   Photo
Families of enforced disappeared vehemently oppose OMP sittings in North
14.07.18 19:35  
SL High Court in Vavuniyaa tricked again into postponing hearings on TPP case
13.07.18 23:20   Photo
NPC CM declines participation in Colombo's unilateral task force for so-called Development
12.07.18 12:22   Photo
Genocidal Sri Lanka seizes ancient coastal hamlet of Tamil-speaking aborigines in Trincomalee
11.07.18 18:20  
Collaborationist sections of TNA lose significance, Wigneswaran holds key to unified Tamil polity
10.07.18 21:53  
SL Military Intelligence recommences recruitment of notorious ex-paramilitary operatives
09.07.18 22:30   Photo
Antiquities Ordinance used to justify Sinhalicisation of 48 locations in Mullaiththeevu
08.07.18 19:06   Photo
TNPF protests against Colombo's move to militarise Jaffna Fort
07.07.18 19:56   Photo
SL Police in Champoor blocks remembrance of Tamils massacred by SL military
06.07.18 23:17  
Jaffna University silent to Colombo's pressure, motives behind Fort excavation questioned
05.07.18 23:49  
Tamils need native movements to confront Colombo-centric environmental exploitations
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=10481