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Dismiss in limine petition seeking order for inquiry on state of mind of President: Mahinda Amaraweera prays in CA

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UPFA General Secretary Mahinda Amaraweera has sought the Court of Appeal to dismiss in limine writ of Mandamus to institute judicial proceedings in the Colombo District Court by virtue of Section 2 of the Mental Diseases Ordinance for inquiring state of mind of President Maithripala Sirisena.

He made the plea in an intervenient petition in the Court of Appeal. This original petition had been filed by Thakshila Lakmali Jayawardena, a resident of St Sebestian Street, Colombo 12.

Petitioner Parliamentarian Mahinda Amaraweera pleaded that the original petition is misconceived in law and has not failed to disclose a cause of action amenable to the jurisdiction conferred on Court under and in terms of Article 140 of the Constitution. The petition cannot be instituted and maintained under and in terms of Article 35 of the Constitution. The petitioner has suppressed and misrepresented material facts to the Court.

He further stated that the petitioner has maliciously preferred the said application to gain a political advantage by slandering or tarnishing the name of the President, who has been elected by the citizens of the Republic exercising their franchise. Therefore, permitting the Petitioner to proceed with this application would tantamount to a subversion of the sovereignty of the people.

 

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