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Mahinda Rajapaksa challenges CA interim order in the SC

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Former President and Kurunegala Parliamentarian Mahinda Rajapaksa on Tuesday filed an appeal in the Supreme Court challenging the Court of Appeal Interim Order restraining him as Prime Minister until the final determination is reached with regard to the Quo Warranto writ petition filed by 122 Parliamentarians, including Ranil Wickremesinghe.

In his appeal Rajapakse has sought an order to set aside the Interim Order dated December 3 by the Court of Appeal.

Rajapaksa pleaded that the Court of Appeal erred in its failure to take cognizance of the absence of a proper and legally countenanced application before it in terms of the law in as much as inter alia the failure of the 122 MPs to have supported their application with affidavits countenanced by law.

He further pleaded that the Court of Appeal erred in its failure to take due cognizance of its lack of jurisdiction to hear and determine the said writ application in which arose a number of matters involving and requiring interpretation of several constitutional provisions.

He also submitted that the Court of Appeal erred in its failure to consider the legal effect of the cogent evidence adduced by some of 122 MPs by way of affidavits and documents, unedited Hansard issued officially by the office of Secretary General of Parliament and the video footage extracted from the official website of parliament depicting that the said uncorrected draft copies produced in court do not in fact depict accurately the parliamentary proceedings of the said date and that there were in fact no valid votes of no confidence passed in parliament as claimed by the 122 MPs.

 

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