SC: Acts of finance minister not covered by presidential immunity

by Chitra Weerarathne

A five-Judge-bench of the Supreme Court yesterday held that Article 35 of the Constitution gave legal immunity to the acts of the President only. The acts of the Minister of Finance did not come within Article 35.

The Supreme Court thus overruled the objection taken by the counsel for the directors of the Golden Key Credit Co. Private Limited, who said that the fundamental rights violation petitions, filed by the aggrieved depositors should be dismissed because the name of Mahinda Rajapaksa had been mentioned in the petitions.

During the hearing of the objections Counsel for the depositors replied that the depositors had named President Mahinda Rajapaksa because he was the Minister of Finance.

The bench comprised, Justice K. Sripavan, Justice Eva Wanasundera, Justice Rohini Marasinghe, Justice Buwanaka Aluwihara and Justice Sisira de Abrew.

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