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by Wasantha Ramanayake

The District Court restrained two Senior Vice Presidents of the Sri Lanka Freedom Party (SLFP) Ratnasiri Wickremanayake and D. M. Jayaratne from suspending A. H. M. Fowzie, PA MP and a former Minister of Highways and Muslim Cultural Affairs from the SLFP membership.

Colombo Additional District Judge, Lal Abeygunasekera made the order, sequel to an application by the plaintiff A. H. M. Fowzie.

The Court also issued notice of interim injunction and summons on the defendants, returnable on July 30.

The Plaintiff had cited Ratnasiri Wickremenayeke and D. M. Jayaratne, Senior Vice Presidents of the SLFP as defendants. Plaintiff prayed for a court declaration that the plaintiff cannot be suspended on a purported show cause letter from the President Chandrika Bandaranaike Kumaratunga in her capacity as the President of the SLFP.

According to a letter received by plaintiff on June 26, he was asked to show cause as to why he should not be suspended from being a member of the SLFP.

Plaintiff claimed that he expressed his view on the National Government consequent to a proposal made by Prime Minister Ranil Wickremesinghe on the formation of the same. The MPs as well as members of the public expressed views of the National Government. He claimed that he endorsed the concept of a "National Government" as he had done from 1994.

He claimed that the Prime Minister, in the aftermath of the General Election, commenced a dialogue of reconciliation with regard to the Northern LTTE problem and advocated the formation of a National Government.

Plaintiff claimed that he sent his reply on July 16. Plaintiff stated that he could not in law be suspended as a member of the SLFP in terms of the said show cause letter since; it was vague and on alleged act of misconduct which has not been clearly set out, there was no decision and/or policy of the SLFP that a National Government should not be formed, such a decision can only be taken by the Executive Committee and/or the Central Committee and plaintiff being a member of the both committees was unaware of any such decision and in any event, it had been the declared policy of the President of the SLFP, SLFP and the PA that the formation of a "National Government" was in the best interest of Sri Lanka.

He pleaded that the President in her capacity as the president of the SLFP; had no power to lay down the policy of the SLFP and in fact she too is bound by the Party Constitution of the SLFP.

Plaintiff pleaded that the president of the SLFP and or the defendants could not have recourse to Clause 14 (4) of the Party Constitution in order to seek to suspend the membership of plaintiff, and the said clause could be resorted to only as a matter of extreme urgency and as an interim measure in order to prevent any damage being caused due to the delay in Central Committee Meeting, if such disciplinary action needed to be taken.

Plaintiff claimed to have been the President of the Sri Lanka Muslim Federation which looks after the interest of the Muslim community and if he was suspended the said community would be affected.

Plaintiff stated that grave and irreparable loss and damage would be caused to the petitioner as a senior politician, a senior member and a Vice President of the SLFP and as a MP if his membership was suspended.

Romesh de Silva PC with Harsha Amarasekera and Sugath Caldera instructed by Sudath Perera Associates appeared for petitioner.

The case was put off for July 30. 

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