Petition Seeking Medical Test On President's State Of Mind Dismissed By Court Of Appeal: Petitioner Ordered To Pay Legal Costs To Govt

A petition filed by a civil activist Thakshila Jayawardena calling for a medical check on the state of mind of President Maithripala Sirisena was dismissed by the Court of Appeal today. 

The petitioner was also ordered to pay Rs. 100,000 as legal costs to the government. 

UPFA General Secretary Mahinda Amaraweera filed an intervenient petition in the Court of Appeal last week informing the court that the petition is liable to be dismissed "in limine". 

The petition seeking a medical test on the state of mind of President Maithripala Sirisena was filed after the outbreak of the political crisis. 

Jayawardena filed a writ petition in Court of Appeal on December 10 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 the media that President Sirisena's recent actions had given rise to the doubts whether he was 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. 

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