News - Court rejects

The Supreme Court refused leave to proceed in a fundamental rights petition filed regarding the nomination of members to the public service.

The petitioners, Dr. A.C. Visvalingam of Rajagiriya and General Gerry de. Silva of Colombo cited the Attorney General, Secretary to the President Lalith Weeratunga and 22 others as respondents.

The petitioners said that in a democratic country the political executive is not given unlimited powers and that the Legislature and the Judiciary exercise certain controls over the Executive.

The petitioners also said there is protection for public officials from ministers who are required to act according to the law and not according to their whims and fancies. The protection of the public service against ministers can be assured through politically independent state services and an efficient bureaucracy wherein recruitment is through merit and not on the basis of political patronage, the petitioners said.

They said abuses and excesses relating to over-politicisation had manifested themselves in many different forms and guises. They are political interference in the day-to-day administration of government institutions, abuse of political power in the awarding of public contracts, issue of licences and in various privatisation deals. politicisation of recruitment, promotion, transfer, dismissal and disciplinary control in state services at all levels and the abuse of political power in the undermining of democratic institutions and process such as the Police, Elections Dept. and the public service .

The petitioners said the appointments made by the President bypassing the Constitutional Council are irregular and unconstitutional and therefore their fundamental rights guaranteed by the Constitution have been infringed. The Bench comprising Justices N. Jayasinghe,N. Udalagama and Rajah Fernando refused leave to proceed and was of the view that in the course of the petitioners’ lawyer Elmore Perera’s submission he said he is not only addressing court but also the people of the country.

It seemed to Court that his application has been filed for frivolous and vexatious considerations. Court directed the Attorney General to consider whether any action is warranted against the petitioners for wasting the time of court and for abuse of process.

Deputy Solicitor General P.A. Ratnayake with Senior State Counsel Nerin Pulle appeared for the Attorney General.