SLMC rebel MPs to continue with case despite leadership's withdrawal of their expulsion

by Wasantha Ramanayake

The petitioners were not agreeable to the conditions laid in respect of the withdrawal of their purported expulsion by the Sri Lanka Muslim Congress (SLMC) and are willing to proceed with the applications, submitted counsel for the three Ministers when their expulsion cases were taken up for hearing before the Supreme Court yesterday.

At the outset President's Counsel Romesh de Silva for the first and second respondents, SLMC and its leader Rauf Hakeem submitted that the expulsions of three 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Rehabilitation and Trincomalee Development Minister Najeeb A. Majeed which was the subject matter of the case had been withdrawn and it was not necessary to proceed with the cases since the petitioners had already got their relief.

The Bench comprised Justices N.K. Udalagama, N.E. Dissanayake and Raja Fernando.

President's Counsel D.S. Wijesinghe and Wijedasa Rajapakse for petitioners submitted that since certain conditions had been attached to the withdrawal of the expulsions the petitioners were not agreeable to them. They moved the matters to be heard by a properly constituted Bench of five Supreme Court Judges.

The applications were earlier referred to the Bench of five Supreme Court Judges 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 by the same respondents previously and important of question of law had arisen as a result.

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 Sri Lanka Muslim Congress (SLMC), its leader Rauf Hakeem, SLMC General Secretary, Election Commissioner, and Parliamentary General Secretary as respondents. Minister Baduideen also cited UNP, its leader Ranil Wickremesinghe and the General Secretary as respondents.

Ministers Ameen Ali and Najeeb A. 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 in order to find a solution to ethnic crisis. They stated that the third respondent SLMC General Secretary by a letter dated April 4, informed them the decision of the party high command to expel the petitioners from the membership of the SLMC.

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

Petitioner Rishard Baduideen stated that the purported expulsion from the UNP was invalid, since among other things, the in 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 said he had not been a member of the UNP 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 Priyanthi Gunaratne appeared for Ministers Ameen Ali and Najeeb A. Majeed.

The expulsion case of Hussien ahamed Bhaila will also be taken with along the other cases.

President's Counsel Wijedasa Rajapakse appeared for Minister Baduideen. Romesh de Silva PC with Harsha Amarasekera instructed by G.G. Arulpragasam 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 instructed by G.G. Arulpragasam appeared for third respondent SLMC General Secretary M.T. Hussein Ali.

K.N. Choksy PC, L.C. Seneviratne PC, Daya Pelpola and Ronald Perera instructed by Samararatne Associates appeared for the UNP, its leader Ranil Wickremesinghe, and its General Secretary.

Senior State Counsel Indika Demuni de Silva appeared for the Election Commissioner and the Parliamentary General Secretary.

The hearing resumes today.