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| Thursday, 1 July 2004 |
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| Ven. Akmeemana Dayaratana Thera case: Order on interim injunction fixed for July 7 by Ranga Chandrarathne The Colombo District Judge S.M.S. Samarakoon yesterday fixed the Order on the Interim Injunction in the Ven. Akmeemana Dayaratana Thera case for July 7, 2004 on Tuesday. The District Judge also extended the enjoining order restraining the newly nominated Bhikku, Akmeemana Dayaratana Thera from taking oaths as a JHU MP in Parliament till July 7, 2004. Both parties in this case tendered written submissions to Court. In the written submissions the Counsel for the 1st, 2nd, 3rd, 4th and 5th respondents stated that court had no jurisdiction to entertain, hear and determine this action and to make Interim Order. In terms of Section 104 (a) of the Constitution no court other than the Supreme Court and the Court of Appeal has the jurisdiction to determine the validity of a declaration made by the Commissioner of Elections that a person has been elected as an MP. The Counsel further submitted that the issue of Enjoining Order in this case was in breach of the provisions of the Parliament ( Powers and Privileges) Act. The District Court has no jurisdiction to grant and issue Interim Injunctions in violation or depriving a MP of his right to sit in Parliament and function as an MP. The Counsel also stated that the plaintiff had deliberately suppressed and misrepresented material facts to Court. The Counsel prayed that the plaintiff's action be rejected in limine with costs or dismiss with costs the plaintiff's application for Interim Injunction. In his submissions to Court, the Counsel for the 5th respondent states that no allegation was made against his client and the 5th respondent had been declared elected MP, took his oaths on June 8,2004. If the Court issues Interim Injunction against 5th respondent restraining him from exercising Constitutional rights and duty to the people who elected him, it would be a direct interference with Parliament. The plaintiff was guilty of serious suppression and misrepresentation and prayed that application for Interim Injunction be refused. The JHU nominated Ven. Akmeemana Dayaratana Thera, in place of Ven. Kataluwe Ratanaseeha who claimed to have resigned from his Parliamentary seat. In his submissions he states that on the first day of the new Parliament where the Speaker was elected he along with Ven. Aparekke Punnananda Thera voted with the UPFA to elect a Speaker. On May 12,2004 while the plaintiff was at Moratuwa Sri Sambuddha Viharaya, the second, third and the fourth respondents and the JHU leader had abducted him and forced him to sign some documents. In the presence of the second and the third respondents, the plaintiff further states that he had handed over the said documents to Speaker, W.J.M. Lokubandara, at his Chambers. The Plaintiff further states that he had also been detained at a house in Pelawatta. The plaintiff states that the second and the third respondents had taken him to Speaker W.J.M. Lokubandara's Chambers and the Secretary General of Parliament, Priyani Wijesekara and the fourth respondent was also present. The third respondent had handed a document to Speaker Lokubandara. Then Lokubandara asked "Is this the letter?" and the third respondent answered in the affirmative. Among other matters, the plaintiff prays to declare that he has not vacated his seat in parliament and also to declare the alleged letter of resignation that the Secretary General of Parliament had accepted and the Gazette issued by the Commissioner of Elections on May 19, 2004 as null and void. Further hearings were put off for July 7,2004. |
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