UNP prevented from holding disciplinary inquiries

Saturday, 9 March 2013 00:00 - - {{hitsCtrl.values.hits}}

By T. Farook Thajudeen and Dasun Rajapaksa

The Mount Lavinia District Judge yesterday restrained the UNP from holding disciplinary inquiries against five of its members for voting with the Government during the impeachment debate in Parliament.

District Judge Priyantha Fernando restrained the UNP from holding disciplinary inquiries against the Parliamentarians Prabaha Ganeshan, Upeksha Swarnamali, Earl Gunasekera, Nilwala Wijesinghe and Lakshman Seneviratne.

President’s Counsel Ali Sabry appearing for Earl Gunasekera and Upeksha Swarnamali, instructed by Athula De Silva for the petitioners, submitted that his clients contested the 2010 Election on the UNP ticket and had been elected to the Parliament.

He said they voted with the Government at the impeachment debate against former Chief Justice Shirani Bandaranayake according to their heart’s conscience.

However, the UNP leadership was trying to hold disciplinary inquiries against them for voting against the Chief Justice and unseat them from Parliament in opposition to the rule of natural justice. He pleaded to restrain the UNP from holding the disciplinary inquiry.

In the petitions filed by Prabaha Ganeshan and Upekha Swarnamali, Counsel Isuru Balapthbendhi, instructed by President Counsel Faizer Musthafa, contended that Ganeshan is a member of the Democratic People Front and not a UNP member.

He said that while his client contested the election on the UNP ticket, he is not a member of the UNP. Thus, the UNP has no status or right to hold disciplinary inquiries against Ganeshan. He moved to restrain the UNP from holding inquiries against his clients.

Judge Priyantha Fernando restrained the UNP from holding disciplinary inquiries against the five Parliamentarians and issued summons on Ranil Wickremesinghe, Tissa Attanayake and six other members of the disciplinary committee to appear before Court on 20 March for the cases filed by Earl Gunasekera Lakshman Senaviratne and Nilwala Wijesinghe.

They were also ordered to appear before court on 20 March in the cases filed by Prabha Ganeshan and Upeksha Swarnamali.