Four expulsion cases referred to five Bench SC Judges
 

BY WASANTHA Ramanayake

THE Supreme Court yesterday referred four expulsion cases filed by three ministers and a deputy minister challenging their purported removal from the Sri Lanka Muslim Congress (SLMC) to a Bench of five Supreme Court Judges.

This was a sequel to an application by the counsel for the petitioners on the basis that the petitioners had been subjected to the expulsion on the same grounds previously and an important question of law had arisen as a result.

The court also directed the petitioners to issue notice on the respondents and publish the same in three national newspapers in the three languages.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices N. K. Udalagama and Gamini Amaratunga.

Petitioners, Rehabilitation and Vanni Development Minister Rishard Baduideen, Rehabilitation and Batticaloa District Development Minister M. S. Ameen Ali and Rehabilitation and Trincomalee Development Minister Najeeb A. Majeed in separate applications cited the SLMC, its leader Rauf Hakeem, the SLMC General Secretary, the Election Commissioner and the Parliamentary General Secretary as respondents. Baduideen also cited the UNP, its leader Ranil Wickremesinghe and the General Secretary as respondents.

Ali and Majeed stated that they had been elected as Members of Parliament at the last General Election under the SLMC nomination list. Later, they had been accepted ministerial positions in the government to find a solution to the ethnic crisis.

They stated that the third respondent the SLMC General Secretary in a letter dated April 4 informed them the party high command's decision to expel the petitioners from the SLMC membership.

They alleged that the respondents without affording any opportunity to answer the charges had expelled them from the party in gross violation of natural justice.

Baduideen stated that the purported expulsion from the UNP was invalid, since among other things, the Supreme Court judgement dated August 24, 2004, the 1-6 respondents were debarred in law from taking any action which would affect his membership in Parliament, he had not been a member of the UNP and in terms of the Provisions of the Article 99 (A) and the Parliamentary Elections Act.

The petitioners sought to determine the expulsion to be null and void and to set aside the same. They also sought a declaration that they had not ceased to be Members of Parliament. President's Counsel D. S. Wijesinghe with Sanjeewa Jayawardane appeared for Ali and Majeed. President's Counsel Wijedasa Rajapakse appeared for Baduideen. The hearing was fixed for May 30.