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Romesh de Silva PC Appearing for Gotabaya Rajapaksa at Appeal Court Raises Preliminary Objection Over the Maintainability of Writ Application Against Ex-Defence Secretary.

By

Shehan Chamika Silva

Romesh de Silva PC appearing for Gotabaya Rajapaksa in the writ petition today brought up a preliminary objection over the maintainability of the writ application on several grounds.

He said the petition cannot seek the relief sought in the petition as they do not have the locus standi (right to bring the action) in the first place.

Mr. De Silva said that the subject matter relating to the petition is identical to investigation which is still in progress at the Chief Magistrate’s Court and therefore, without such investigation being come to a conclusion the petitioners cannot invoke writ jurisdiction and seek reliefs.

He was of the view that the petition has been filed mala fide by politically motivated intentions as there was unexplained delay in filing the case after a long time since 2005.

Gamini Marapana PC who appeared for former President Mahinda Rajapaksa also said that the petitioners should have waited till the investigation is concluded on this matter at the magistrate’s court. “If the investigation finds that there is no wrongdoing, then what would happen? Only the people’s right to vote what they want may be deprived from this” he said.

The three Judges Bench comprising, Justices Yasantha Kodagoda (President/CA), Arjuna Obeysekara and Mahinda Samayawardena however, decided to consider the petitioners’ stance and the preliminary objections both together heard the petitioners’ and Attorney General’s stance today.

Other respondents address the court from 1.30 p.m. today over the writ application which was filed disputing the citizenship status of Gotabaya Rajapaksa.

Courtesy:Daily Mirror