APPEAL COURT RULES THAT IT HAS THE POWER TO CONSIDER LEGALITY OF THE APPOINTMENT OF TWO MPS

7th
July 2004

The
Court of Appeal today (7th July 2004) ruled that it does have the
power to proceed to consider the legality of the appointment of
RATNASIRI WICKRAMANAYAKE and any others appointed as Members of
Parliament through the UPFA National List, although their names
were not included in the National List published under Article 99A
of the Constitution or in the Nomination Papers of the UPFA.

Justice
Saleem Marsoof, PC, President of the Court of Appeal and Justice
K. Sripavan, made order overruling the preliminary objections to
the Appeal Court hearing two cases filed by the Centre for Policy
Alternatives (CPA) and Rohan Edrisinha, Senior Lecturer of the Colombo
Law Faculty in that regard, which were raised by the lawyers for
the UPFA General Secretary, Ratnasiri Wickramanayake and other respondents.
The Court took the view that some of the issues raised as preliminary
objections were premature while one did not arise.

The
Court of Appeal will now proceed to consider the legality of such
appointments, with these two cases due to be next taken up on 29th
July 2004.

M.
A. Sumanthiran and Viran Corea appeared for the Centre for Policy
Alternatives (CPA) and Rohan Edrisinha, respectively. Dr. Jayampathy
Wickramaratne, PC appeared for the UPFA General Secretary. D.P.
Kumarasinghe, PC appeared for Ratnasiri Wickramanayake. Anil Obeyesekere,
PC appeared for Anuruddha Ratwatte (who was also tipped to be appointed
in this way through the National List) and Ikram Mohommed, PC appeared
for the SLMC General Secretary.

 

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Dr.
P. Saravanamuttu
Executive Director
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Centre for Policy Alternatives

The Centre for Policy Alternatives (CPA) was formed in 1996 in the firm belief that there is an urgent need to strengthen institution- and capacity-building for good governance and conflict transformation in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. Focusing primarily on issues of governance and conflict resolution, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated.