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Counsel Faizer tells SC, Ranil not entitled to legal immunity for acts prior to becoming President

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By Chitra Weerarathne

President’s Counsel Faizer Mustapha yesterday (27) told the Supreme Court that legal immunity granted to the President under Article 35(1) applied only to the administrative or executive acts done by him as the President, and therefore that immunity did not apply to the actions done by the President previously as the Minister of Defence or the Prime Minister.

At the time of the Easter Sunday bombings on April 21, 2019, Ranil Wickremasinghe was the Prime Minister. Hence he could be made a respondent for not paying attention to the vital information provided by the Indian Intelligence, Mustapha argued.

Mustapha, PC said that his client, Mairthripala Sirisena had been made a respondent in his capacity as the Minister of Defence, in 2019.

Even now Ranil Wickremasinghe in his capacity as the Minister of Defence could be cited as a respondent in the fundamental rights violation petitions filed against security lapses that led to the series of suicide attacks by Islamic extremists on Easter Sunday 2019.

The Supreme Court bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice L.T.B. Dehideniya, Justice Murdhu Fernando, Justice S. Thurairajah, Justice A.H.M.D. Nawaz and Justice A.L. Shiran Gooneratne. The case will be next heard on 02 August.

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