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MS to lose Paget Road residence: Keheliya says clash between constitution and decision

29 Mar 2022

By Aazam Ameen In light of the Supreme Court issuing an interim order, suspending the Cabinet decision to provide a house at Paget Road in Colombo to former President Maithripala Sirisena, Cabinet Minister Keheliya Rambukwella told The Morning that there is a clash between the constitution and the decision. “There is a bit of a clash between the constitution and the decision to my understanding. Constitutionally, former Presidents are provided with an official residence. I do not know the limitations of it,” he said. He also stated that whether the constitutional provision on the same is right or wrong, or how to put that provision into practice is a question. Given that the Supreme Court order will come into effect four weeks from today, Sirisena has four weeks to vacate his current disputed residence. When Rambukwella was queried on whether the Government will provide the former President with an alternate residence, he said: “To my understanding, if Sirisena makes an appeal to the ruling Party, he may be entitled to it according to the constitution. The question of whether he is entitled to the property he is currently occupying or any other property which may be given to him, is debatable.” In February this year, the Supreme Court heard counsel for Petitioners in support of a Fundamental Rights (FR) petition filed against the grant of the Paget Road residence for the use of former President Maithripala Sirisena on the basis that the decision was taken by the Cabinet while he was in office and hence resulted in a conflict of interest and on the basis that the house was excessive for an ex-president and more suitable for a sitting head of State. The Court has also granted leave to proceed on the alleged infringement of Article 12(1), and also directed the relevant secretaries to produce the relevant documents, pursuant to which Court would consider whether to also grant the interim relief prayed by the Petitioners. The FR challenges the decision of the Cabinet of Ministers to allow Sirisena the continuous use of the residence currently used by him and to cover the costs associated with the same. The Petition has also stated that the residence occupied by Sirisena on Mahagama Sekara Mawatha (also referred to by some as Paget Road) is of great financial value and is a valuable asset of the country. The benefits received by former presidents and their widows are regulated by the Presidents’ Entitlements Act, No. 4 of 1986. According to the Petitioner, the Supreme Court has previously recognised that the terms of the Presidents’ Entitlements Act have to be strictly interpreted and applied. The Petition has further argued that it is wrong for the Cabinet of Ministers to decide on the benefits of a retiring president before s/he ceases to hold office. The case is to be heard again on 18 May.

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