No legal bar to Sripathi inquiry
Sandasen MARASINGHE
COLOMBO: Colombo District Judge Aruna C. Ranasinghe yesterday refused
to issue an enjoining order preventing the Sri Lanka Freedom Party (SLFP)
from holding a disciplinary inquiry against former Minister Sripathy
Suriyaarachchi on August 4.
The Court issued notice for interim injunction and summons on the
General Secretary and six others of the SLFP.
Suriyaarachchi filed a plaint before the Colombo District Court
citing SLFP General Secretary Maithripala Sirisena, SLFP Vice President
A.D. Susil Premajayantha and members of the SLFP W.D.J. Seneviratne,
Vishva Warnapala, Champani Padmasekara, Saliya Mathew and W. Karunajeewa
as defendants.
Suriyaarachchi challenged that the SLFP had no right to hold a
disciplinary inquiry against him as informed by a letter dated July 16,
2007.
Suriyaarachchi submitted that he received a charge sheet dated March
30, 2007 by the first respondent.
According to the charge sheet, he had acted against and criticised
SLFP actions. He had made false statements about SLFP policies, actions
and leadership. He had also made false statements against the Government
established under the guidance of the SLFP Leadership.
Suriyaarachchi stated that the charge sheet had been written with
malicious intention and the charges levelled against him were not clear.
The plaintiff submitted that he received a letter dated June 19, 2007
with two charges that he damaged the SLFP by sitting in the Opposition
while being a member of SLFP on June 19, 2007 and establishing the SLFP
Mahajana Wing.
Suriyaarachchi submitted that he was not given the opportunity to be
heard in respect of those two charges. He received a letter dated July
10, 2007 appointing third to seventh defendants as the purported
Disciplinary Committee and informing him that the disciplinary inquiry
would be held on August 4.
The plaintiff pleaded that he had never acted against the SLFP’s
constitution, principles and politics.
Suriyaarachchi prayed before Court for a declaration that the SLFP
had no right in law to hold a disciplinary inquiry against him and issue
an enjoining order restraining the defendants holding such an inquiry.
The plaintiff prayed to issue an interim injunction preventing the
defendants from holding a disciplinary inquiry against the plaintiff.
The Court postponed the case for August 1.
President’s Counsel Romesh de Silva appeared for the plaintiff
instructed by Paul Ratnayake Associates.
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