Monday Dec 16, 2024
Monday Dec 16, 2024
Wednesday, 29 January 2020 00:25 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
Counsel K. V. S. Ganeshwaran, appearing for former Northern Province Minister Ananthi Sasitharan, yesterday withdrew from the contempt case in the Court of Appeal against former Chief Minister and former Supreme Court Justice C.V. Wigneswaran.
The case came before the Bench comprising Justices Justice Mahinda Samayawardena with Justice K. Priyantha Fernando.
Court fixed the case to be taken on 18, 19 and 20 May.
Attorney-at-Law K. V. S. Ganeshwaran yesterday filed a motion to withdraw from the case, stating that he has been appointed as an officer of the legal department of the Northern Province Governor.
He stated that as an officer of the legal department of the Governor, there might be a conflict of interest. Respondent Ananthi Sasitharan indicated to Court that she will retain a fresh Counsel.
The Contempt of Court action was filed after former Provincial Council Minister B. Denishwaran alleged that former Northern Province Chief Minister C.V. Wigneswaran and Ananthi Sasitharan and K. Sivanesan have wilfully acted in contempt of the Court of Appeal Order, since they prevented him from acting as a Minister of the Northern Province.
Denishwaran stated that the First Respondent former Justice Wigneswaran has, by his conduct and statements, acted in contumacious and wilful disobedience of the Order of Court of Appeal and thus committed an act of contempt against the authority and dignity of the Court of Appeal.
Suren Fernando with Khyati Wikramanayake appeared for the Petitioner. Dr. K. Kanag-Iswaran, P.C., with Lakshmanan Jeyakumar appeared for C.V. Wigneswaran.
The Court of Appeal in its judgment earlier held that the removal of Petitioner B. Denishwaran from the portfolios of the Northern Provincial Council by Chief Minister C.V. Wigneswaran is ultra vires an made without jurisdiction and therefore is a nullity. Justice Mahinda Samayawardena, with Justice K. Priyantha Fernando concurring in his judgment, also held that the Chief Minister had no power to remove the Petitioner from his ministerial portfolios.
Court allowed the Petition with costs payable by the First Respondent C.V. Wigneswaran to the Petitioner Denishwaran.
The Petitioner was the Minister of Fisheries, Transport, Trade and Commerce, Rural Devel-opment, Road Development and Motor Traffic of the Northern Province.
