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by Uditha Kumarasinghe

Highways Minister Chairman A.L.M. Athaulla said yesterday that they will submit their own nominees for the next round of peace talks to Prime Minister Ranil Wickremesinghe as those representing the Muslim community.

He told a press conference at Hotel Galadari that the representation of Minister Hakeem at the next round of talks cannot be accepted as being the sole agent of Muslims. Therefore our stand is that Hakeem should attend this meeting only as a Government Minister.

Athaulla said the Prime Minister and the Government should explain their stand on the Muslim community. "Our stand is that if the North-East is going to be permanently merged, a separate federal administration should also be given to the Muslim community."

He said they will never disrupt the peace process. "We have strengthened the hands of Prime Minister for this purpose. Hakeem makes various allegations against us to get the support of the Prime Minister and Prabhakaran saying that we are opposed to peace." he said.

Athaulla said after they appointed the new leader, they made courtesy calls on the President, Prime Minister and other Foreign Diplomats. "This does not mean that we are against the Government."

He also accused Hakeem of using thuggery against their group and said they have already complained to Police in this regard. He said Minister Hakeem has illegally given some vehicles belonging to his Ministry to some people in the East by appointing them as the SLMC organisers. Hakeem is acting against the SLMC Constitution."

SLMC Deputy Leader T.K. Azoor said the vacation of the District Court order does not any mean that the court has asserted Hakeem as the Leader. "It is a matter to be decided by the court whether the action taken by the members of the High Command on December 1 is legal or not. It will come later."

He said the effect of the removal of the enjoining order is that fact, restraining Hakeem has been removed. So we also now function like that.

Azoor said they went to the District Court for a judicial declaration asking that Hakeem be removed from his post as the SLMC Leader. He has no right to interfere with the functions of the SLMC and no right to call a meeting by representing as the Leader.

We had also requested the District Court to give an interim injunction restraining Hakeem from presenting himself as the Leader of the SLMC and call press conferences. The Court was pleased to give us an enjoining order which was to be effective from the 13th of December. But before 13th, Hakeem went to the same court, filed papers and got the enjoining order vacated.

He said every person who gets an order from a lower court has a right to appeal. We were also not satisfied with the order issued by the District Court. Therefore last Friday we moved the Court of Appeal and went by way of leave to appeal against and changed the order given by the District Court on the December 5.

After having heard submissions from both sides, the Court of Appeal decided that there is a matter to be argued. But they said that this was not the time to again impose an enjoining order on Hakeem. But it does not mean that Hakeem has been accepted by the court as the Leader. It only means that whatever restrictions that we were asked to be placed upon Hakeem has been removed, he said.

Azoor said the case has not been dismissed and a date has been given for the next hearing. An inquiry is going to be held whether leave to appeal is to granted for us to appeal against that order of the District Court on December 5. Finally a judgement will be given.

He said unfortunately due to lack of legal understanding or the manner in which it has been presented, a lot of confusion has been created in the minds of the public that the court has asserted Hakeem as the Leader. By no means, does it mean this.

" After his removal from the post of Leader, Hakeem has never challenged his removal in any court. He has not gone before any court upto now to challenge his removal from the leadership and suspension of his membership. This has to be noted ," he said.

SLMC Leader Subairdeen Hadjiar said they have given an assurance to their continuous support to the Government. "However we have requested the President and the Prime Minister to remove Hakeem from his Ministerial post. Because this is a portfolio given to the SLMC and not for an individual person," he said.

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