Colombo District Judge issues enjoining order:
SLMC restrained from suspending Baiz
Sandasen MARASINGHE
Colombo District Judge Sampath Wijeratne yesterday issued an
enjoining order restraining the Sri Lanka Muslim Congress General
Secretary Hassan Ali from suspending the party membership of Deputy
Minister K. Abdul Baiz from the SLMC.
The Court also issued another enjoining order restraining United
National Party and its General Secretary Tissa Attanayake from taking
action to suspend Deputy Minister Baiz from sitting in parliament by
informing the Secretary General of the Parliament based on the same
suspension from the party membership of the SLMC.
The Court issued the order following SLMC member and Deputy Minister
K. Abdul Baiz’ plaint before the District Court stating that the
issuance of a letter suspending his party membership based on a news
item published in a newspaper, without any inquiry was a total violation
of natural justice.
Plaintiff Baiz cited 28 defendants including the SLMC, its leader
Rauf Hakeem, Hassan Ali, the UNP and Tissa Attanayake as respondents.
The plaintiff stated that he was a member of the SLMC. The SLMC
contested at the last general election under the flag of the UNP. But
according to the pact between the two parties disciplinary inquiries and
actions in respect of SLMC members would be taken only by the SLMC.
The plaintiff, Deputy Minister Baiz stated that the SLMC members
joined the government including their leader. Later, a few crossed back
to the opposition while three of them including the plaintiff remained
in the government.
The plaintiff further said based on a news item published in a
newspaper on January 29 which stated that the plaintiff was appointed as
the Puttalam District Organizer of the Sri Lanka Freedom Party the SLMC
General Secretary sent him a letter on February 24 suspending his party
membership.
The plaintiff also stated that he was not appointed as the SLFP
organizer to the Puttalam District but he was only appointed as the
organizer of the ruling party for the Puttalam electorate. When he
informed the matter to the newspaper it also carried a correction.
The plaintiff further stated that although he kept the SLMC informed
of this situation they neglected to consider his explanation. The SLMC
unanimously decided to cancel his membership from the SLMC without any
inquiry or without hearing what he has to say.
The Court also issued an interim injunction notice returnable on
April 08.
Attorney M.M.M. Ali Sabri appeared for the plaintiff instructed by
Athula de Silva.
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