BY STANLEY SAMARASINGHE
Former Chief Justice, Sarath N. Silva, told Ceylon Today he would file a Fundamental Rights Petition, in the Supreme Court, to prevent Mahinda Rajapaksa from contesting the Presidential Election a third time.
He further said he would file the petition as a matter of public litigation and he himself, as a citizen of the country, would appear before Court to argue the case.
According to the former CJ, President Rajapaksa is not qualified to contest for the Presidential Election for a third time after completing his second term.
Silva added that the 18th Amendment to the Constitution, which specifies that the incumbent President is entitled to contest a third time, was not done in good faith.
Although there is a change in the Constitution 31(2,) it was not done in appropriate way to amend the Constitution of a country, contended the form CJ.
In such circumstances, the former CJ said that Mahinda Rajapaksa cannot seek a Supreme Court interpretation, since it is not matter of public interest and the Supreme Court is empowered by the Constitution to hear a citizen’s petition filed as matter of public litigation.
He said he will argue this matter based on the fact that the 18th Amendment was not done in good faith.