By Jayani Wegodapola
Justice Shirani Thilakawardane on Monday directed the petioners’ counsel to consider amending the caption to the petition filed by the secretary of the Sinhala Jathika Sangamaya and the National Joint Committee of Sri Lanka, Dr. Piyasena Dissanayake who sought to invoke writ jurisdiction of the Court of Appeal to quash the purported agreement entered in to on February 23, 2002 between Prime Minister Ranil Wikramasinghe and V Prabhakaran, the leader of the LTTE.

The bench comprised Justices Shirani Thilakawardane, P Wijerathne and Sripawan.

The petitioner alleged that the Prime Minister has usurped the powers of the President by entering in to this agreeement, purported to be acting on behalf of the government of Sri Lanka and that the Prime Minister had acted in derogation of Article 3 of the Constitution which vests the sovereignty of the Republic of Sri Lanka in the people which is inalienable.

It was further stated in the petition, that the agreement is ex facie unlawful, unconstitutional , capricious mall fide and has been done in excess or without jurisdiction.

It was stated before the court by the petitioner’s counsel that the summons be served on the 2nd respondent, Prabhakaran via 1st respondent, the Prime Minister because the 1st respondent has the capacity to communicate it over to the 2nd. The Attorney General appearing for the 1st respondent raised objections for this, by saying that he cannot take the responsibility to make such communications. Justice Thilakawardane addressing stated that in a case like this where it involve respondents whom it is impossible to serve summons on, modes for such communications are available in the Civil Procedure Code.

The Attorney General appear for the 1st restpondent and 3rd to 24th respondents are represented by counsel Shibley Aziz (PC) and A P Niles. The 2nd respondent is unrepresented. The petition was supported by counsel S L Gunasekara.

The case was put off for 14th November.