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| Wednesday, 25 August 2004 |
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Politics | |
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| Expulsion of three SLMC members null and void - SC by Wasantha Ramanayake The Supreme Court yesterday determined the expulsion of three Members of Parliament by the Sri Lanka Muslim Congress as null and void. The Bench comprised Justices Dr. (Mrs.) Shirani Bandaranayake, Nihal Jayasinghe and N.E. Dissanayake. Justice Dr. Bandaranayake delivering the judgment agreed by the rest of the Bench, overruled the preliminary objections raised by the respondents and observed that it had the jurisdiction to hear the matters in terms of the Article 99(13)(a) of the Constitution. The respondents raised the preliminary objections that the court did not have the Jurisdiction to hear the cases. Three petitioners M.N. Abdul Majeed, Rishard Badiudeen and Hussein Bhaila in separate applications cited the Sri Lanka Muslim Congress (SLMC), its leader Rauff Hakeem, General Secretary M.T. Hussein Ali, UNP, its leader Ranil Wickremesinghe, UNP General Secretary Milroy Perera, Election Commissioner Dayananda Dissanayake, Parliamentary General Secretary Priyani Wijesekera and the Attorney General as respondents. The petitioners contended that the purported expulsions were in gross violations of the principle of Natural Justice. The counsel for the respondents contended that the petitioners had not been given fair trial was not acceptable. Justice Bandaranayake noted that in terms of the provisions in Article 6.14 of the Constitution of the Sri Lanka Muslim Congress the members were entitled to a fair hearing, especially where the High Command of the SLMC would exercise its powers of dismissing and expelling the members of the party. She held that the expulsions were invalid due to the non- compliance with the rules of Natural Justice the right to a fair hearing which was a pre-requisite for a valid expulsion. Wijedasa Rajapakse PC with Kuvera de Silva and Kapila Liyanagamage appeared for the petitioners. Romesh de Silva PC with Harsha Amarasekera and Sugath Caldera appeared for first and second SLMC and its leader Rauff Hakeem. Ikram Mohamed PC with A.A.M. Illiyas, M. Nayan Kariapper and Padma Bandara appeared for third respondent SLMC General Secretary M.T. Hussein Ali. K.N. Choksy PC, L.C. Senevirathne PC, Daya Pelpola and Ronald Perera appeared for UNP, its leader Ranil wickremasinghe, and General Secretary Milroy Perera. Additional Solicitor General P.A. Rathnayake PC with Senior State Counsel Indika Demuni appeared for the Election Commissi oner and the Parliamentary General Secretary. |
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