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by Indeewara Thilakarathne

Colombo Additional District Judge L.S. Abeygunaratne yesterday issued an enjoining order restraining the Minister of Ports, Shipping, Eastern Development and Muslim Religious Affairs Rauf Hakeem, from functioning as the leader of the Sri Lanka Muslim Congress.

The order also restrained him from obstructing the first, second and third plaintiff, S. Subardeen, A.L.M. Athaullah, and Dr A.L.M. Hafrath functioning as the Leader, Chairman and General Secretary and members of the High Command of the party respectively. The order is valid for 14 days.

In this petition, the plaintiff, the High Command of the Sri Lanka Muslim Congress and its 11 members comprising its leaders, S.Subardeen, Chairman A.L Athaullah, General Secretary Dr A.L.M. Hafrath, have cited Minister Rauf Hakeem as the sole respondent.

The plaintiff further states that the respondent had functioned as the leader of the Muslim Congress till December 1, 2002 and the respondent was expelled from the leadership by the High Command assembled on the same night.

The High Command should have comprised 23 members and there were vacancies in the High Command. The membership of the High Command had decreased to 21 with the suspension of Nazie Ahamed Sayanullah, the plaintiff said.

The plaintiff also states that in terms of the Party constitution the High Command is vested with the power to hold a disciplinary inquiry and to interpret the constitution and has the sole discretion to take action on a matter outside its constitutional provisions.

The plaintiff states that 1,4,11 plaintiffs have sent a letter dated November 30, 2002 to 2,3 plaintiffs urging that a special emergency meeting be called to discuss and take appropriate action against the respondent on 37 charges including violation of the party constitution and the constitution of the Country which are grave enough to expel him from the party.

Accordingly the second plaintiff had decided to hold a meeting on December 1, 2002 at 9.00 p.m at the party's Headquarters " Dharusalam" .

However as the venue had come under attack of thugs allegedly sponsored by the Defendant, the General Secretary third plaintiff, after having a cellular discussion with the Chairman second plaintiff, had shifted the venue to room 204 at Galadari Hotel.

The plaintiff further states that the majority of the High Command, 11 members out of 21 had participated in the meeting. At this meeting, inter alia, the 37 charges framed against the defendant had been discussed. After considering the arbitrary manner in which the defendant had acted without consulting the High Command and not briefing the High Command on the peace talks in violation of the party constitution, the High Command had unanimously decided to suspend the membership of the defendant, expel him from the leadership and to call explanation from him within a month.

The High Command had also decided to appoint a Disciplinary Committee comprising A.J.M. Muzammil (President), M.D.A. Aziz and I.D. Hameed to look into the allegations levelled against the defendant and to submit a report to the High Command.

Therefore the plaintiff urged the Court to issue an enjoining order restraining the defendant Rauf Hakeem from functioning as the leader of the Sri Lanka Muslim Congress. Accordingly the Additional District Judge L.S. Abeygunarathne issued the enjoining order in terms of (C) of the prayer.

Wijedasa Rajapaksa PC with Kuwera de Soyza instructed by Dharmawardana Jayasinghe appeared for the plaintiff.

Meanwhile, SLMC rebel leader and Minister A.L.M. Athaullah yesterday told Parliament that since there is Court order restraining the leadership of Minister Rauff Hakeem, they should be recognised for the party leaders' meeting in future.

Raising a Point of Order while the House was debating the Committee Stage of the Power and Energy Ministry, Athaullah said: " The Court has suspended the leadership of Minister Hakeem following a case filed by SLMC's S.Subardeen, Dr A.L.M Hafrath and myself. Therefore, we request the Chair to call us for the future party leaders' meetings."

At this point, Parliamentary Affairs Minster A.H.M. Azwer said the member should settle the issue after consulting the Speaker.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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