Candidate Nagamuwa Files FR Against Mahinda Rajapaksa For Abusing Powers To Call Out Army At Election Time

February 3, 2015 

A fundamental rights application has been filed by Dudeesha Duminda Nagamuwa, the candidate nominated by the Frontline Socialist Party (FSP) for the January 8, 2015 presidential election, asking the Supreme Court to give relief for the violation of the fundamental rights of citizens of Sri Lanka by former President Mahinda Rajapaksa (Percy Mahendra Rajapaksa) by abusing his powers and unnecessarily deploying the army in all 25 districts at election time. The case SC FR 14/2015 has been filed through his registered attorney-at-law, Lalith Gunarathne and should be taken up in court within the next couple of weeks, Colombo Telegraph is able to reveal today.

The petition complains to the court that an order dated January 2, 2015 issued by the 1^stRespondent (Mahinda Rajapaksa) under Section 12(1) of the Public Security Ordinance was an abuse of the powers under that law, which violated the fundamental rights of the petitioner and all other citizens of the country.

The petitioner says that with the election held on January 8, 2015, he is reliably informed that Sri Lanka Army personnel were deployed between January 3-8, 2015 and during the early hours of January 9, 2015. He draws the attention of court to the fact that numerous media reports and reports from independent election monitors confirm the deployment of Sri Lanka Army personnel on the aforesaid dates. He has forwarded to the court for its information, copies of media reports including an interview with the Former Commander of the Sri Lanka Army, General Sarath Fonseka and copies of periodic reports by the Centre for Monitoring Election Violence (CMEV), alleging the deployment of Sri Lanka Army personnel.

Nagamuwa informs the court that he is reliably informed that the Elections Commissioner, Mahinda Deshapriya (who is made a respondent in the case) appointed under Article 103(1) of the Constitution, is vested with the authority under Article 104D of the Constitution to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election. The petition goes on to state that he is reliably informed that the Elections Commissioner has made no such recommendation to Mahinda Rajapaksa. He further states that Rajapaksa has arbitrarily made the decision, and that there was no genuine basis for doing so. The Commanders of all three forces and Inspector General of Police are all made respondents to the case.

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