Sri Lanka: Notice to issue on the Interim Committee (26 June 1999)

26 June 1999

Sri Lanka: Notice to issue on the Interim Committee

Sarath Malalasekera

The Court of Appeal yesterday issued notice on the respondents, interim committeee of the Board of Control for Cricket in Sri Lanka, appointed by the Sports Minister returnable on July 14.

The Bench comprising Justice Hector S. Yapa and Justice Upali De Z. Gunawardena directed the respondents to file objections on or before July 13 with a copy to the senior counsel of the petitioners.

The petitioners are Anura Weerasinghe, Shammi Silva, Jayananda Warnaweera, Kamal Dharmasiri and B.S. Perera office bearers and members BCCSL ex-co elected at the Board AGM held on March 28, 1999.

Petitioners cited Minister of Samurdhi, Youth Affairs and Sports S.B. Dissanayake, Rienzie T. Wijetilleke, chairman of the interim Board, Michael Thissera, Sidat Wettimuny, Ashantha de Mel, S. Skamdhakumar, Gehan Siribaddana, Upali Kumarasiri and Dhammika Ranatunga as respondents.

President's Counsel K.N. Choksy, senior counsel for the petitioners, submitted to court that the interim injunction issued by the District court was not a suspension of the Board. A suspension on the Board only could be issued by the Sports Minister, he said.

The petitioners, a group of members of the former Board of Control for Cricket in Sri Lanka, whose names were not mentioned in the Colombo District Court interim injuctions has filed a writ application before the Court of Appeal seeking to quash the appointment of an interim committee for overseeing functions of the BCCSL by the Minister of Sports.

The petitioners state that it is essential that the matter referred to in paragraph 23 should be done and decided by a lawfully consitituted body, and that decisions made and contracts and arrangements entered into by an illegally constituted Interim Committee could result in serious and adverse legal and pecuniary consequences and the Board and also cause much uncertainty and disruption in the Board.

In the circumstances inter alia the petitioners state that it is necessary and that the petitioners are lawfully entitled to seek from Court an Interim Order restraining and preventing the second to sixth respondents from functioning as an Interim Committee pending the final determination of the application before court.

Solicitor General, President's Counsel K.C. Kamalasabyson with State Counsel Uditha Egalahewa appered for the first respondent, Sports Minister S.B. Dissanayake.

President's Counsel K.N. Choksy with Messrs. L.C. Seneviratne PC, S.L. Gunasekera, Ronald Perera instructed by M/s Paul Ratnayake Associates appeared for the petitioners.

President's Counsel Ikram Mohamed with Messrs. Shamil Perera and Tissath Wijegoonewardena instructed by M/s Julius and Creasy appeared for the second to sixth respondent.

Source :: The Daily News