CA fixed for order on Dr. Padeniya’s preliminary objections | Daily News

CA fixed for order on Dr. Padeniya’s preliminary objections

The Court of Appeal yesterday fixed for December 6 to deliver its order regarding the preliminary objections raised by Government Medical Officers Association (GMOA) President Dr. Anuruddha Padeniya in respect of a charge sheet filed against him over contemptuous statements.

The Court was informed that the partied have filed written submissions regarding the preliminary objections. The Court of Appeal bench comprised Justice L.T.B. Dehideniya and Justice Shiran Gunaratne.

On a previous occasion, a charge sheet in open Court was served on GMOA President Dr. Anuruddha Padeniya by the Court of Appeal for allegedly undermining the Court of Appeal judgment 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.

However, Dr. Padeniya, through his lawyer, had informed the Court of Appeal that his client was not pleading guilty to the charge sheet when it was read out by the Court stenographer.

On a previous occasion, the Court of Appeal issued an Interim Order (IO) preventing the GMOA President from making or publishing further contemptuous statements/articles scandalising the Court of Appeal until the final determination of this Contempt of Court action.

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

The petitioners stated that upon the delivery of the said judgment by the Court of Appeal, the GMOA has condemned and openly criticized the said judgment demanding for annulment or setting aside of the said judgment.

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 the SAITM following the Court’s decision ordering the SAITM medical graduates to be registered with the SLMC.

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

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 medias and has been uttered by the respondent in a public meeting held under topic of “Abolish the SAITM” on April 4, 2017.

The petitioners are pleading that Dr. Padeniya be charged with the offence of Contempt of 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 the 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 a sentence on the respondent as provided for in Article 105(3) of the Constitution.

President’s Counsel Upul Jayasuriya appeared for the petitioners. President’s Counsel Gamini Marapana appeared for the respondent. 


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