The Supreme Court will convey to the President today its interpretation of the reference made to it by President Mahinda Rajapaksa regarding the issue of his taking oath of office as President for a second term.

Yesterday, President’s Counsel Nihal Jayamanne told the Court that the first term of office of President Mahinda Rajapaksa went on till November 11, 2011, according to the Constitution of Sri Lanka and his second term of office after re-election began only from there.

Counsel Jayamanne appeared for Sarath Kongahage, a candidate at the January 26, 2010 presidential polls.

He stressed that the six years must run as the people had decided it was six years and nothing less. President Rajapaksa should take oaths for a second term within two weeks from November 19, 2011, he said.

At the outset, Attorney General Mohan Peiris PC told the Supreme Court that President Mahinda Rajapaksa should take oath of office for his second term, as President of Sri Lanka, on November 19, 2010, according to Article 31/3A/d/i, introduced by the Third Amendment to the Constitution of Sri Lanka.

The President took oath of office for his first term on November 19, 2005. He went for an early poll at the end of four year. The poll was on January 26, 2010. Hence he should take oath for his second term of six years, on a date corresponding to November 19, on the date of the poll in 2010 or the succeeding year, 2011, whichever date is earlier, he said.

Hence, the date for the second term should be November 19, 2010. The first term of office of the President was alive though he had gone for a poll at the end of four years instead of six, the AG said.

The President could take the oath within two weeks from Nov 19, 2010.

Justice Shirani Bandaranayake - Can he take the oath earlier?

Attorney General - It is upto him, if he decides to call for an early oath.

If he does not take the oath within two weeks from 19.11.2010, the office falls vacant.

Counsel Jayamanne said that the first term continued till November 19, 2011. The Constitution said the office of the President ran for six years. President Rajapakse had taken his first oath in November 19, 2005. According to Article 32, he could continue his first term till November 19, 2011, he said.

The first six years were not curtailed. The President had gone for a poll after four years to ask for a further six years, after the expiring of the first six years on November 11, 2011. The Third Amendment gave the President the choice to ask for a re-election after four years. But that did not curtail the six-year period.

The term of the President must not be cut short. He should take oath within two weeks from November 11, 2011, for his second term, Counsel Jayamanne said.

D. S. Wijesinghe PC said that sovereignty resided in the people. Their mandate must not be curtailed. The people had given it for six years and nobody could cut it short. The oath of office for a second term should be taken within two weeks from November 19, 2011. He maight take it even prior to that. But it would not curtail the first period of six years.

Krishmal Warnakulasuriya, appearing for the JVP said he would rely on Article 4(c) of the Constitution. He wanted time to file written submissions.

Court said he might make submission yesterday. He said he had received very short instructions from his clients.

The Court said a deadline to give the determination to the President had been set.

Rohan Edirisinghe said that the second term of President Rajapakse should commence on November 11, 2010 and he was in agreement with the Attorney General on that date.

Nihal Jayamanne PC appeared with Uditha Collure, Noorani Amerasinghe, B. Manawadu and Chandra Liyanapatabandi for Sarath Kongahage.

The Attorney General appeared as Amicus.

The bench comprised the Chief Justice J. A. N. de Silva, Justices Dr. Shirani Bandaranayake, J. de S. Balapatabendi, K. Sripavan, P. A. Ratnayake, Chandra Ekanayake and S. I. Imam.