The Supreme Court ruled that the Cabinet decision permitting former President Maithripala Sirisena to utilize a residence at Paget Road in Colombo was arbitrary, unreasonable, and illegal, constituting a violation of the Rule of Law and citizens' Fundamental Rights.
Consequently, the Supreme Court nullified the Cabinet decision dated 15th October 2019, which granted former President Maithripala Sirisena continuous access to the residence on Paget Road, Colombo.
The three-judge-bench of the Supreme Court, comprising Justices Priyantha Jayawardena, Gamini Amarasekara, and Kumudini Wickremasinghe, determined that the Cabinet's decision to provide a residence to former President Sirisena with entitlements exceeded the scope outlined in the Presidents' Entitlements Act No. 4 of 1986.
This judgment stemmed from a Fundamental Rights petition filed by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu.
The petitioners contended that it was improper for the Cabinet of Ministers to determine the benefits of a retiring President before the end of their tenure, alleging that this Cabinet decision violated established legal procedures.
Furthermore, the petitioners emphasized that the residence occupied by former President Maithripala Sirisena on Mahagama Sekara Mawatha (Paget Road) held significant financial value and was a valuable national asset.
Senior Counsel Suren Fernando represented the petitioners, while Faisz Musthapha PC, Faizer Musthapha PC, Counsel Pulasthi Herath, and Counsel Keerthi Tillekaratne appeared on behalf of former President Sirisena.
