Contempt of Court action against Padeniya

Has condemned Court of Appeal judgement:

Filed by civil society activists:

Two civil society activists yesterday filed a Contempt of Court action in the Court of Appeal against Government Medical Officers Association’s (GMOA) President Dr. Anuruddha Padeniya seeking the Court’s Constitutional jurisdiction against Dr. Padeniya for allegedly undermining the Court of Appeal judgement dated January 31, 2017 which was delivered compelling the Sri Lanka Medical Council (SLMC) to register the MBBS graduates of the South Asian Institute of Technology and Medicine Limited (SAITM) provisionally as medical practitioners in terms of the Medical Ordinance.

Prof. Sarath Wijesuriya, the Convener of National Movement for Social Justice (NMSJ) and Gamini Viyangoda, the co-convener of Puravesi Balaya Social Movement filed this contempt of Court action naming GMOA President Dr. Anuruddha Padeniya as respondent.

The petitioners stated that upon the delivery of the said judgment by Court of Appeal, the GMOA has condemned and openly criticized the said judgment demanding to annulment or setting aside of the said judgement. The petitioners further stated that in this backdrop the GMOA headed by Dr. Padeniya has called for a national front and trade union action against SAITM following the Court decision in ordering SAITM medical graduates to be registered with the SLMC.

The petitioners stated that on or about April 7, 2017 the GMOA had organised island wide trade union action against SAITM halting all health services including private practice and private health services to stress on the Government to abolish SAITM.

The petitioners further stated on the same day the GMOA had organised a protest march which ended up in a public rally and at the said public rally held opposite the Fort Railway Station the respondent Dr. Padeniya delivered a speech and in that speech he had deliberately, maliciously and contemptuously made statements in relation to the Court Process, the Judgement and the conduct of the Court and the Attorney General with regard to the issue of SAITM medical faculty.

The petitioners stated that the contemptuous statements and comments demonstrate the blatant hatred of the respondent and publication of the same in the said speech indubitably disturbs the Court process and hampers and undermines the authority of the Court of Appeal in respect of the administration of justice especially in view of the fact that the said speech was published and telecast on several media channels and has been uttered by the respondent in a public meeting held under the topic of “Abolish the SAITM” on April 4, 2017.

The petitioners are pleading that Dr. Padeniya be charged for the offence of Contempt of the Court of Appeal under Article 105 (3) of the constitution of the Republic of Sri Lanka. They are further seeking an Interim Order restraining and preventing GMOA President from committing, making or publishing further contemptuous statements/articles scandalizing the Court of Appeal until the conclusion of this case.

They further urge to impose sentence on the respondent as provided for in Article 105(3) of the Constitution.