Oct 31, Colombo: No one has the legal right to question or challenge the President's decision on appointing a Chief Justice, the Attorney General of Sri Lanka told the country's apex court today.
Attorney General Palitha Fernando told the Supreme Court today that according to the Constitution the President appoints the Chief Justice when a Fundamental Rights petition filed against the appointment of Chief Justice Mohan Peiris was taken up for hearing.
A five-judge bench comprising justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanasundera and Rohini Marasinghe proceeded Thursday with the petition filed by the Director of Sri Lanka's Center for Policy Alternatives (CPA) Paikyasothi Saravanamuttu .
The Director of the CPA has filed the petition against the appointment of the new Chief Justice Mohan Peiris seeking an injunction preventing Mohan Peiris covering the duties of the post of Chief Justice.
Chief Justice Mohan Peiris, the Speaker, the Prime Minister, the opposition leader as well as parliamentarians A.H.M Azwar and D.M.Swaminathan have been cited as respondents in the case.
The Attorney General told the court that the Constitution itself provides a special privilege and assurance to the President to be free from such cases and it was not possible to file any case with regard to an action performed by the President.
He pointed out to the court that it had rejected a number of cases before on the basis of the same argument.