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No legal bar to Sripathi inquiry

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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