Court of Appeal grants MP-elect Jayasekera interim relief

By Chitra Weerarathne

The Court of Appeal yesterday granted interim relief to Premalal Jayasekera, stating that he was entitled to be taken to Parliament as his election had not been invalidated. He enjoyed all the rights of a Member of Parliament and could meet the Secretary General of Parliament.

The Speaker of Parliament would decide whether he would speak in Parliament or not, the court determined.

Copies of the determination were ordered to be given to the Commissioner General of Prison and the Secretary General of Parliament.

The writ application by Premalal will be next called on September 29, 2020.

Romesh de Silva President’s Counsel at an earlier hearing said that Premalal Jayasekera had filed an appeal against the conviction of murder and the death sentence imposed on him by the Ratnapura High Court. When an appeal was filed, he was like a remand prisoner. Hence, he could meet the Secretary General of Parliament and take oaths as a Member of Parliament. If he was denied the opportunity to take oaths, as a Member of Parliament such action amounted to a violation of the franchise of the voters who voted for him on August 5, 2020.

The High Court conviction was given on August 4, 2020. But yet the voters elected him on August 5, 2020, despite the High Court conviction.

Uditha Egalahewa, PC also made similar submissions. However, Nerin Pulle, Senior Deputy Solicitor General said that when an appeal was filed the execution of the sentence did not occur. But the conviction would stand until it got quashed by the Supreme Court.

Romesh de Silva appeared with Uditha Egalahewa, Niran Anketell and Sugath Caldera for the petitioner Premalal Jayasekera.

The bench comprised Justice A.H.M. D. Nawaz (President of the Court of Appeal) and Justice Sobitha Rajakaruna.