Cricket Board case - further proceedings (18 May 1999)

18 May 1999

Cricket Board case - further proceedings

Rodney Martinesz

Colombo District Judge A.W.A. Salaam yesterday requested counsel for both parties in the Cricket Board case to meet him in his chambers before court commences on 19th May in connection with the observations made by him in his preliminary order made on 26th April vacating the enjoining order against the officials of the BCCSL.

The Judge in his April 26 order observed inter alia that the plaintiff in the case Mr. Clifford Ratwatte had brought to his notice that a letter dated 21-04-1999 written by Samurdhi, Youth Affairs and Sports Minister S.B. Dissanayake to the Chief Executive of the BCCSL was a challenge to the independence of the judiciary and the contents therein are contempt of court.

On a perusal of this letter it could be said that on the face of it, the plaintiff's contention may be correct" the Judge had stated. The judge in his order observed that the Judiciary is independent of the executive and should be without any interference whatsoever. He stated that the manner in which the court exercises its functions can be questioned only by the law and not by the executive or any other party based on the above argument the Judge forwarded the letter to the President of the Court of Appeal in terms of section 105(3) of the constitution for action if necessary.

At yesterday's hearing all the counsel agreed to tender written submissions in respect of the interim injunction on the same day.

In this case Mr. Clifford Ratwatte unsuccessful candidate in the Cricket Board elections held on 30th March is challenging validity of the poll electing Thilanga Sumathipala and others as president and office bearers respectively. The Plaintiff claimed the legitimate club representatives were prevented for casting their votes due to thuggery and intimidation which prevailed him being elected as the president.

Mr. Romesh de Silva PC with Palitha Kumarasinghe and Harsha Amarasekera instructed by G.G. Arulpragasam appeared for the plaintiff Mr. Clifford Ratwatte.

Mr. L.C. Seneviratne PC with S.L. Gunasekera and Ronald Perera instructed by Paul Ratnayake Associates appeared for Mr. Thilanga Sumathipala, Mr. Hiran de Alwis instructed by Mrs. Ayomi Perera appeared for the second, fifth and thirteenth defendants.

Source :: The Daily News (https://www.lanka.net/lakehouse/)