Court of Appeal Sets Date for Decision on SLFP

Court of Appeal Sets Date for Decision on SLFP Chairman Dispute

by Staff Writer 02-05-2024 | 7:17 PM

COLOMBO (News 1st); Sri Lanka's Justice Minister, Dr. Wijeyadasa Rajapakshe, PC, had earlier moved the Court of Appeal to invalidate a ruling given by the Colombo District Court preventing him from functioning as the Acting Chairman of SLFP.

Today, the Court of Appeal ruled that a decision on whether to issue an order sought by the petition and whether to issue notice to the respondents will be announced on the 7th of May.

The proceedings were presided over by Court of Appeal Judge D. N. Samarakoon.

President's Counsel Dr. Romesh De Silva, representing the petitioner Justice Minister Dr. Wijeyadasa Rajapakshe, highlighted that his client remains unaware of the restraining order issued by the Colombo District Court, barring him from assuming the role of Acting Chairman of the Sri Lanka Freedom Party.

Dr. De Silva emphasized that neither his client nor his legal team have received any official communication or documentation pertaining to the injunction. 

He underscored that given the absence of formal notification, there is no legal obligation for his client to adhere to the court's directive, particularly as the news was disseminated through the media.

Furthermore, President's De Silva contended that the injunction issued by the Colombo District Court, obstructing Dr. Wijeyadasa Rajapakshe's appointment as Acting Chairman of the Sri Lanka Freedom Party, is flawed. 

He asserted that, within this context, his client has filed a revision petition before the Appellate Court, which holds jurisdiction over the matter.

Drawing attention to the Sri Lanka Freedom Party constitution, President's Counsel De Silva elucidated that the authority to appoint the party Chairman rests with the executive council, and thus, Wijeyadasa Rajapakshe's appointment aligns with the party's constitutional provisions.

On behalf of the respondents, Mahinda Amaraweera, Lasantha Alagiyawanna, and Duminda Dissanayake, President's Counsel Chandaka Jayasundara expressed initial objections, advocating for the Minister of Justice to address the matter through the Colombo District Court, contesting the injunction.

Furthermore, he argued against the filing of a revision petition to the Court of Appeal, asserting its illegality. 

He highlighted that, according to the Sri Lanka Freedom Party constitution, the supreme governing body is the Politburo, not the executive council, with sole authority over all party decisions. Thus, if any constitutional discrepancies arise, the Politburo possesses the jurisdiction to resolve them.

Consequently, he contended that the appointment of Dr. Wijeyadasa Rajapakshe as Acting Chairman of the party, as sanctioned by the executive body, contravenes the law.

Following a comprehensive review of the presented arguments, the appellate court judge scheduled the issuance of the verdict for May 7th regarding this petition.