Hakeem wins Rs.100 million as damages

Sandasen Marasinghe

COLOMBO: Colombo District Judge Aruna C. Ranasinghe yesterday delivered judgement in favour of Sri Lanka Muslim Congress leader Rauff Hakeem and its General Secretary Hassen Ali in the case that restrained them handing over the SLMC nomination papers for the 2006 Local Government Election and ordered the petitioner to pay Rs 100 million and Rs 50 million respectively to Defendants Hakeem and Ali.

The District Court issued enjoining order on February 15, 2006 following a petition filed by SLMC member Jamaldin Ishaac.

The petitioner stated that the posts of leader and the General Secretary of Sri Lanka Muslim Congress (SLMC) held by Rauff Hakeem and Hassen Ali respectively were not legal and pleaded to prevent them from preparing and handing over the nomination papers for the SLMC for the 2006 Local Government Election. Rauff Hakeem and Hassen Ali made a cross claim of Rs. 100 million and Rs. 50 million respectively and the case was taken for hearing ex-parte.

The Court observed that the petitioner had filed the case against Rauff Hakeem, an Attorney-at-Law and politician with malicious intent. The Court observed the petitioner had misused the judicial process by filing a plaint against Rauff Hakeem and Hassen Ali while there was ample evidence to show that they were the leader and the General Secretary of the SLMC.

The Court decided the defendants of the case had proved they had a right to make the cross claim. President’s Counsel Romesh de Silva and Attorney Sugath Caldera appeared for Rauff Hakeem while President’s Counsel Ikram Mohamed, Attorney M.Y.M. Faiz and Attorney Nisan Kariyappar instructed by G.G. Arulpragasam appeared for Hassan Ali.