The Court of Appeal yesterday (3) dismissed the writ petition filed by former Southern Province Governor Rajitha Keerthi Tennakoon against the appointment of Ajith Nivard Cabraal as the Governor of the Central Bank of Sri Lanka without hearing it.
The Court of Appeal upheld the preliminary objections made by Additional Solicitor General Nerin Pulle, who appeared on behalf of the Attorney General and Romesh de Silva, PC who appeared for Ajith Nivard Cabraal stating that the writ petition which was filed challenging the appointment made by President Gotabaya Rajapaksa could not be continued.
Preliminary objections were raised that the actions of the President under Article 35 of the Constitution could not be challenged and that the petition filed against it could not be continued as the appointment had been made by the President and should be dismissed at the outset.
The petition was taken up before a bench of Court of Appeal Justices Sobhitha Rajakaruna and Dhammika Ganepola yesterday.
Announcing the order of the bench, Justice Sobhitha Rajakaruna stated that the petitioner had failed to present enough evidence to continue a case before court. The Judge also said that the Attorney General has the power to decide whether or not to file charges against an individual.
Considering the circumstances, the Bench ordered to dismiss the petition without hearing it.The petition was filed by Southern Province former Governor Rajitha Keerthi Tennakoon. The respondents were the Attorney General, the Inspector General of Police, former State Minister Ajith Nivard Cabraal, Secretary to the President, Finance Minister Basil Rajapaksa and Central Bank of Sri Lanka Deputy Governor T.M.J.Y.P Fernando.
President’s Counsel Maithri Gunarathna appeared for the petitioner. President’s Counsel Romesh de Silva appeared for the respondent Ajith Nivard Cabraal on direction of Attorney Sanath Wijewardena, while Additional Solicitor General Nerin Pulle appeared on behalf of the Attorney General.