President Cannot violate the Law -Prayathna People's Movement

The Prayathna People's Movement Places its highest appreciation on the recent rulings of the Supreme Court. Saying the rulings of the Supreme Court have sent a clear warning that former president, the incumbent and future presidents, state officials and others who hold public offices should exercise their duties as enshrined in the Constitution in such a way to uphold the Doctrine of Public Trust, Good Governance, the rule of law and should be accountable to the people for their actions from which they can never escape.

The full text is as follows.

Former President Chandrika Bandaranaike Kumaratunge and several others have been ordered to pay millions of rupees as compensation in the Waters Edge deal. Itt has also ordered the Bribery Commission to investigate the transaction and the Urban Development Authority to take over the land. It also emphasized that the former President has misused her powers. On the same day former Treasury Secretary P.B. Jaysundera rendered his unreserved apology before the Supreme Court for holding public office even after the findings against him by the Supreme Court. However, the Supreme Court has ordered him to file an affidavit in respect of the posts he held after the said findings. Earlier, the Supreme Court ordered to withdraw a gazette notification issued by the Secretary to the President related to the extension of the retirement age of public officers appointed by the President.
The Supreme Court has clearly stated that the President’s powers in effecting action of the Government or of State officers is also necessarily limited to the Constitution and that the President does not have the power to shield, protect or coerce the action of the State officials or agencies, when such action is against the tenets of the Constitution or the Public trust. It noted that the principle that those charged with upholding the Constitution –be a police officer of the lowest rank or the President-are to do so in a way that does not violate the Doctrine of Public Trust. The Waters Edge Land deal could be a good example how corrupted elements acquire lands that are meant to accommodate state institutions for their personal benefits and how the political powers have been misused, and shows how ignorant our state officials are about the happenings in the world. The Doctrine of Public Trust that arises from a body of law over 1,500 years deals with the property law, especially on the natural resources.

In 1988, the US Supreme Court upheld a Mississippi Supreme Court decision and ruled that all lands subject to the ebb and flow of the tide in Mississipi belong to the state in trust for the benefit of the citizens. Although the Waters Edge Land transaction was made under the cover of the benefit of the people it transpired that it was not so. The actions of the former President, and other statutory bodies have clearly shown how good governance has been floated in the country. The leaders and other power elites have not seen themselves accountable as individuals and were under the impression that they are above the law and have immunity. Even the immunity of the President is within the framework of the Constitution.

The rulings of the Supreme Court have sent a clear warning that former president, the incumbent and future presidents, state officials and others who hold public offices should exercise their duties as enshrined in the Constitution in such a way to uphold the Doctrine of Public Trust, Good Governance, the rule of law and should be accountable to the people for their actions from which they can never escape.

The Prayathna People’s Movement wishes to state that there is no doubt that the people will appreciate these historic rulings of the Supreme Court.