Court Of Appeal Receives Writ Petition Seeking Writ Of Mandamus To Inquire "State Of Mind" Of President Sirisena

December 10, 2018

An individual by the name of Thakshila Lakmali Jayawardena filed a writ petition in Court of Appeal today seeking the Court to issue a mandate in the nature of a writ of Mandamus against IGP Pujith Jayasundara and the OIC of the Fort Police HQ directing them to institute judicial proceedings in district courts by virtue of section 2 of the Mental Diseases Ordinance for the purpose of inquiring state of mind of President Maithripala Sirisena.

Lawyers of the petitioner told media that President Sirisena's recent actions have given rise to the doubts whether he is of a sound mind. 

According to the Constitution, mental disability is a reason for the President's vacation of the post. 

"Any Member of Parliament may, by a writing addressed to the Speaker, give notice of a resolution alleging that the President is permanently incapable of discharging the functions of his office by reason of mental or physical infirmity," the Constitution says. 

If the President's mental disability is proven before a court of law, the Speaker ad the Chief Justice have to initiate necessary according to the provisions stipulated in the Constitution. 

This is the first time the mental health of a Sri Lankan President has been challenged in a court of law.

 

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