Supreme Court refuses interim relief in CIMA case
The Fundamental Rights application filed by Gowri Shanker
Somasunderam, Viren Wijesinghe, Sunil Dharmaratne, Keith Bernard and
Dinesh Weerakkody came up for hearing before the Supreme Court recently.
In this application, the petitioners alleged that the CIMA parent
body through its CIMA council in London, United Kingdom had wrongly
suspended the Sri Lankan Divisional Council of CIMA in December 2008,
without informing any reasons and any justification.
It was further alleged in the petition that CIMA Sri Lanka is an
association that has been registered with the Tertiary and Vocational
Education Commission of Sri Lanka and that therefore The Ministry of
Vocational and Technical Training should be directed to enact laws
affecting CIMA.
When the matter was taken up before the Supreme Court before Chief
Justice Sarath N. Silva (PC), and Justices Gamini Amaratunga and K.
Sripavan, Sanjaya Rajaratnam, Deputy Solicitor General appearing for the
state respondents, intimated to Court that the provisions of the
Tertiary and Vocational Education Act, No. 20 of 1990 does not permit
the State to enact laws pertaining to Governance issues of a body such
as CIMA.
Counsel for the petitioners Sanjeewa Jayawardene invited the
attention of Court to Sections 14 and 17 of the Act and whilst
contending that the Act does contain provisions to such effect invited
the Court to direct the Ministry concerned to make such laws and also
moved for interim relief to remove the suspension of the Divisional
Council.
At this stage Senior Counsel for CIMA UK Romesh De Silva objected to
any interim relief being granted and added that the suspension was made
in view of the fact that the Divisional Council in Sri Lanka refused to
follow the instructions of CIMA UK. He also contended that the
suspension was reasonable and was done after according the Council
members several opportunities to air their concerns. He said that the
petitioners had no case and their application cannot be maintained.
The Court refused the application and also observed that it would be
in the best interests of the CIMA if the Divisional Council members
resigned without any admission of guilt on their part and a fresh
Council is elected among the local members so that CIMA could surge
forward with their work.
Sanjeewa Jayawardene appeared for the petitioners instructed by G. G.
Arulpragasam.
Deputy Solicitor General Sanjaya Rajaratnam appeared for the State
Ministers and the Attorney General.
Romesh De Silva [PC] appeared with Kalinga Indatissa, Ranil
Samarasooriya and Eraj De Silva instructed by Upendra Gunasekera for
CIMA UK.
Maxi Bastianz and Sudath Jayasundara appeared for Claude Perera
instructed by Sajini Amarawickrame.
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