FR case seeking to set aside CC decision tomorrow

The Fundamental Rights (FR) petition filed praying to set aside the Constitutional Council’s (CC) decision to reject President of the Court of Appeal Nissanka Bandula Karunaratne being appointed to the Supreme Court (SC) will be taken up for support tomorrow (19).

The petition will be taken up before a three-judge bench comprising Chief Justice Jayantha Jayasuriya, Justices Murdhu Fernando and S. Thurairaja.

The Attorney General will be represented by Deputy Solicitor General Kanishka De Silva Balapatabendi during the hearing.

The petitioner, Attorney-at-Law B.P.M.S. Pathirathne has requested the SC to issue an interim order stopping President Ranil Wickremesinghe from appointing another to fill the vacancy in the SC until the final determination of the application. He has also asked the Court to rule that the CC’s decision to reject the nomination made by President Wickremesinghe to appoint Justice Karunaratne to fill the vacancy in the SC as a violation of the petitioner’s fundamental rights, and to issue an order to the CC directing it to approve the President’s nominee to the SC.

Members of the CC including the Speaker, the Prime Minister and Leader of the Opposition are among the 11 respondents cited in the petition, along with the Attorney General.