Petition fixed for support | Daily News
Declaration of Defence and Buddha Sasana Ministries under President

Petition fixed for support

The Fundamental Rights (FR) petition filed seeking a declaration that the President should retain both the Defence and Buddha Sasana Ministries under his purview was fixed for support by the Supreme Court yesterday.

Accordingly, the Supreme Court two-judge-Bench comprising Justice L.T.B. Dehideniya and Justice S. Thurairaja fixed the petition for support on July 9.

Attorney-at-Law Aruna Laksiri had filed this petition naming the President and the Attorney General as respondents.

The petitioner, Aruna Laksiri yesterday sought a date to support this petition on the ground that President should retain Ministry of Buddha Sasana in terms of Article 9 of the Constitution.

Meanwhile, Senior Deputy Solicitor General Nerin Pulle moved Court to dismiss it since it had been filed under the context of 19th Amendment to the constitution.

However, Aruna Laksiri argued that 19th Amendment to the Constitution was enacted in an illegal manner and his contention is based on the constitutional provisions guaranteed under Article 9 of the Constitution.

The petitioner argued that in terms of Article 4(b), 30, 33 and Article 9, 105.4 of the Constitution, the President cannot appoint any Parliamentarians to function as the Minister of Defence and Minister of Buddha Sasana respectively.

The petitioner alleged that the President had acted contrary to the Article 9, 30 and 105.(4) of the Constitution by handing over the Ministry of Buddha Sasana to a Parliamentarian.

The petitioner argued that the President cannot hand over the Ministry of Buddha Sasana to a Parliamentarian since Article 9 of the Constitution has recognised that Sri Lanka shall give Buddhism the foremost place.

The petitioner is also seeking a declaration that rights guaranteed under Article 9, 10 and 12.1 of the constitution had been violated by the President due to handing over the Ministry of Buddha Sasana to a Parliamentarian.