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by Rodney Martinesz

The Supreme Court on Wednesday reserved order in the expulsion case of Bashier Segudawood National List MP nominated from the National Unity Alliance. Mr. Segudawood is challenging his expulsion on the grounds that he was not a member of the National Unity Alliance which is an amalgam of the SLPF and SLMC of which he was a member. The National Unity Alliance did not have individual members but was an alliance of the SLMC-SLPF combine and as such he could not have been a member of the NUA and the time of nomination.

President's Counsel K.N. Choksy submitted that his client could not be expelled even under the amended constitution of the NUA since what mattered was only the position at the time of nomination where petitioner an SLMC member was included in list of the NUA but was not member of the latter which had no individual members but was only a combine of the SLMC and the SLPF.

President's Counsel Nihal Jayamanne appearing for 1st respondent Mrs. Ferial Ashraff submitted that petitioner cannot enter Parliament on the NUA list and at the same time claim he was not a member of the party. In any event he cannot come to court under Article 99 (16) (C) of the constitution if he claims he was not a member if the NUA at the time of nomination.

President's Counsel Wijedasa Rajapaksa appearing for Secretary General of NUA said that if the petitioner wants to invoke Article 99 (16) C) he has to admit that he was a member of NUA at the time of nomination. The Parliament Act speaks of only political parties not alliances counsel submitted.

Justice Wadugodapitiya: NUA is a political party.

Sanjeewa Jayawardene appearing for N.M. Shahid of the NUA said that the SLMC never relinquished its power of control of its own members. Therefore the NUA cannot impose sanctions on the SLMC members.

President's Counsel Ikram Mohomed appearing for SLMC submitted that in terms of clause 8 (h) of the NUA constitution it can only accommodate political parties to the NUA fold and not individual members of any party.

Parakrama Karunaratne appearing for the SLPF said petitioner had omitted to say that he had attended a meeting of the NUA in May 2001. If he was not a member of NUA how did he attend such a meeting.

The SLMC had also on its nomination list recommended members of the SLPF. In no way could the SLMC nominate on SLPF member to contest under NUA he said.

The Bench comprise Justices Dr. A.R.M. Amerasinghe, S.W.B. Wadugodapitiya PC and D.P.S. Gunasekera.

Wijedasa Rajapaksa PC with Nizam Kariappar Kuvera de Zoysa and Kapila Liyanagamage appeared for NUA and its Secretary General.

Nihal Jayamanne PC with Ananda Nanayakkara appeared for 1st respondent Ferial Ashraff. Parakrama Karunaratne with Raizul Haathee appeared for the SLPF.

The Bench comprised Justices Dr. A.R.B. Amerasinghe, S.W.B. Wadugodapitiya, PC and D.P.S. Gunasekera.

Mr. K.N. Choksy, PC with D.S. Wijesinghe, PC, Daya Palpola, Ronald Perera, A.M. Faaiz and U. Abdul Najeem instructed by Mr. G.G. Arulpragasam appeared for petitioner Basheer Segudawood.

Mr. Sanjeewa Jayawardena with Sujeewa Senasinghe, Marian Mansoor and Shadiya Zanoon instructed by Mr. M.C.M. Muneer appeared for N.M. Shahid and the NUA.

Mr. Romesh de Silva, PC with Harsha Amarasekera instructed by Mr. Hussain Ahamed appeared for Rauff Hakeem.

Mr. Ikram Mohamed, PC with Ian Fernando, Ms. Shyama Fernando, Thissath Wijegunawardena, M.S.A. Wadood and Lal Munasinghe instructed by Mr. I.L.M. Azwar appeared for Dr. A.L.M. Hafrath and the SLMC.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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