The Center for Policy Alternatives and Mr. Rohan Edirisinha have filed papers in a fundamental rights action before the Supreme Court taking issue over the possible appointment of a new Attorney General before the Constitutional Council is in place.

``We have filed papers out of an abundance of caution,’’ Edirisinha said yesterday. ``The court vacation is due to being on Dec. 19 and will continue till the second week of January.’’

There was a speculative report published in an English weekly last Wednesday saying that Mr. Mohan Pieris, PC, legal advisor to the Defense Ministry, is tipped to be the new AG. There was however no confirmation.

Mr. Priyasath Dep has been acting as Attorney General since Mr. C.R. de Silva’s retirement some weeks ago.

Civil society activists were also exploring the possibility of canvassing recent diplomatic appointments as a fundamental rights violation, well informed sources said.

There was also speculation yesterday about the possibility of the Constitutional Council being appointed later this week with uncertainty about who the president’s nominee on this body would be.

It had previously been decided that in addition to the ex-officio members, the Speaker, Prime Minister and Leader of the Opposition, Messrs. Ranjith Abeysuriya, P.C. (nominee of the opposition leader), S.N. Seneviratne, retired Secetary General of Parliament (nominee of the prime minister) retired Justice C.V. Wigneswaran (nominee of the Tamil parties), Prof. A.H. Sheriffdeen (nominee of the Muslim parties), Sivakumar Nadesan, Managing Director of Express Newspapers (nominee of Indian Tamils interests) and Mr. S.C. Mayadunne, former Auditor General (nominee of other minority parties) would sit on the Council.

The tenth member of the CC will be the president’s nominee.