Petition calling for report on President’s mental health dismissed
Posted on January 7th, 2019

The petition calling for a medical report on the President’s mental status has been dismissed by the Court of Appeal.

The petitioner has also been ordered to pay an amount of Rs 100,000 as government legal costs.

The consideration of the relevant petition, filed by Thakshila Lakmali Jayawardena, a resident in Colombo 12, was done today (07), before the Court of Appeal President Justice Preethi Padman Surasena and Justice Arjuna Obeysekara.

The Additional Solicitor General, representing the Attorney General, objected stating that the Appeal Court does not have the power to take up the case.

As per the Ordinance on Mental Illnesses, if there is any information on a person ailing from a mental illness, it, first, should be reported at a police station. And then if the police do not take an action on the information, one can take legal action at the courts, pointed out the Solicitor general.

However, as there has been no police report on such afflictions on this case, this false petition has been filed with the purpose of humiliating the President, he said.

Further commenting, the Additional Solicitor General stated that under the clause 35 of the Constitution a case cannot be carried against the President.

Accordingly, the Additional Solicitor general requested the Court of Appeal to dismiss the relevant petition.

Following lengthy considerations, the judge panel declared that there is no fair legal basis to hear the petition.

Pointing out that the petition filed without any substantiation has had an adverse impact on both the Head of the Government and the country, the judge panel stated that the court procedure followed by the petitioner has no legal basis.

Accordingly, the petition was dismissed without being taken up for hearing and the petitioner was ordered to cover government legal costs.

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