The Supreme Court yesterday refused leave to proceed with the fundamental rights violation application filed by the JVP against the appointment of Karuna Amman to Parliament to fill the vacancy created by the resignation of the JVP national List MP, Vasantha Samarasinghe, in June this year.

The petitioner, Tilvin Silva, the Secretary General of the JVP had alleged that the Secretary General of the UPFA, Sirisena, had made an arbitrary decision in nominating Karuna Amman when the JVP had nominated a member of the JVP. A Memorandum of Understanding existed between the SLFP and the JVP, which parties formed an alliance, called the UPFA.

The Court said that the actions of the Secretary General of the UPFA do not constitute executive or administrative action, under article 126 of the constitution, which refers to fundamental rights.

Further, the Elections Commissioner, who was also made a respondent in the petition, could not take note of a private agreement between two political parties. Hence, his action in appointing Karuna Amman could not be challenged under Article 126. Thirdly, the petitioner had alleged that Karuna Amman was convicted of an Emigration/Immigration offence in UK. He could not sit in parliament. The Court said that penal offences were effective within territorial waters only. The Sri Lankan Courts could review offences committed in Sri Lanka only.

The petition was dismissed. It was supported by Viran Corea appearing with Suren Fernando, instructed by Sunil Watagala.

The Deputy Solicitor General, Indika Demuni de Silva, appeared for the Attorney General and the Commissioner of Election.