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CA refuses Interim Relief against Rauf Hakeem

By Kumar Wethasinghe

The Court of Appeal yesterday refused to grant interim relief when the application challenging the suspension of the Enjoining Order, which restrained the Ports, Shipping, Eastern Development and Muslim Regions Affairs Minister Rauf Hakeem from functioning as the Leader of the Sri Lanka Muslim Congress.

The Bench comprised Justices Gamini Amaratunga and G.W. Edirisuriya.

Earlier, the Colombo District Court made an ex-parte order restraining Minister Hakeem from functioning as the SLMC Leader. Subsequently, sequel to a motion filed by S.A. Parthalingam PC, Counsel for Minister Hakeem, the Court, having considered the submissions ordered to suspend the Enjoining Order issued earlier.

At the outset, Counsel Wijeyadasa Rajapakse, PC, submitted that the defendant was removed from the leadership following a unanimous decision by the SLMC High Command. He said that the actions of the defendant had been prejudicial to the SLMC. Therefore, they decided to seek legal relief. Accordingly, through the Colombo District Court, they obtained an Enjoining Order suspending the defendant from functioning as their party leader and making public statements on behalf of the SLMC on December 5.

The defendant had later filed papers without notice to the Plaintiff to revoke the Enjoining Order. However, the plaintiff was able to be present in Court and to make objections.

Even an ex-parte Enjoining Order, once issued, notice have to be issued to other parties before reconsidering. Therefore, the court has acted without jurisdiction in this instance.

Counsel Rajapakse argued that suspension of the Enjoining Order had been made without proper hearing. A suspension order was obtained by suppression of material facts. No opportunity was given to his client to challenge the mere documents that were presented.

The Court should not have entertained the issue at all but should have dismissed.

Counsel S.A. Parthalingam PC in his submissions on behalf of defendant/respondent said:"The interim relief given by the District Court was a breach of law and was obtained fraudulently. It was questionable as to how his client was expelled by the petitioner plaintiff from the party leadership which he held for three and a half years with a mere eleven votes out of twenty three, especially while he was visiting Oslo."

He argued that the question of issuing notice was irrelevant. The Court on its own can suspend its Order made ex-parte if it was so convinced. Non-disclosure of material facts alone is sufficient to suspend the Enjoining Order.

The Court having considered the submissions made on behalf of both parties, refused to grant interim relief, prayed against the suspension of the Enjoining Order and to interfere with the order made by the Colombo District Judge on December 5 at this moment.

Further, the Court ordered to issued notice on the defendants/respondent.

S.A. Parthalingam PC with Upul Jayasuriya, Faizer Mustapha instructed by Samararatne Associates appeared for Minister Hakeem.

Wijeyedasa Rajapakse PC with Sripathy Sooriarachchi appeared for Highways Minister A.L.M. Athaullah. 

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