Dissanayke was jailed in December 2004 for two years

SB Dissanayake, a senior leader of the opposition United National Party (UNP), has argued in the petition that it was illegal to dismiss him as a legislator.

The former Samurdhi and Sports minister lost his parliamentary seat after he was sentenced to two years with rigorous imprisonment for making defamatory remarks on the judiciary.

A counsel representing the UNP leader argued that Dissanayake should not have lost his seat as offence committed by him is not regarded as an offence under the penal code.

No written order

Making derogatory remarks on judiciary, the counsel argued, is only mentioned as an offence in Sri Lanka’s constitution.

But the Deputy Solicitor General, representing the Attorney General, argued that it can be interpreted as an offence under the penal code.

He appealed to the courts to refuse the petition as it is illegal for a convict under the penal code to be a member of the parliament.

The three-member bench headed by acting Chief Justice Nihal Jayasinghe dismissed the petition without a hearing.

Journalists present said it was unusual for the bench not to issue a written order while dismissing the petition.