The contempt of court case filed against Government Medical Officers’ Association (GMOA) President Dr. Anuruddha Padeniya for allegedly undermining the Court of Appeal judgement delivered regarding the SAITM issue was yesterday fixed for inquiry.
Court of Appeal (President) Preethi Padman Surasena and Justice Arjuna Obeysekara fixed the matter for inquiry on February 22 next year.
On December 6, 2017, the Court of Appeal decided to overrule the preliminary objections raised by Dr. Padeniya.
The Court of Appeal had observed that there are sufficient materials to issue a rule against Dr. Padeniya in respect of a charge sheet filed against him over contemptuous statements. On a previous occasion, a charge sheet was served on Dr. Padeniya by the Court of Appeal for allegedly undermining the court’s judgement dated January 31, 2017, which compelled 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 lawyers had informed the Court of Appeal that he was not pleading guilty to the charge sheet when it was read out by the court stenographer.
The Court of Appeal had also issued an Interim Order (IO) preventing the GMOA President from making or publishing further contemptuous statements or articles scandalising the court until the final determination of this contempt of court action.
Two civil society activists, National Movement for Social Justice (NMSJ) Convenor Prof. Sarath Wijesuriya and Puravesi Balaya Social Movement Co-convenor Gamini Viyangoda had filed this contempt of court action naming GMOA President Dr. Anuruddha Padeniya as the respondent.
The petitioners stated that upon the delivery of the said judgement by the Court of Appeal, the GMOA has condemned and openly criticised the judgement demanding annulment or setting aside of the judgement.
The petitioners said against this backdrop, the GMOA headed by Dr. Padeniya has called for a national front and trade union action against SAITM following the court decision ordering SAITM medical graduates to be registered with the SLMC.
The petitioners stated that on or about April 7, 2017, the GMOA had organised islandwide trade union action against SAITM, halting all health services including private practice and private health services to force the government to abolish 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 media and has been uttered by the respondent at a public meeting held under topic ‘Abolish SAITM’ on April 4, 2017.
The petitioners are pleading that Dr. Padeniya be charged with the offence of contempt of the Court of Appeal under Article 105(3) of the Constitution.
They are further seeking an Interim Order restraining and preventing the GMOA President from committing, making or publishing further contemptuous statements or articles scandalising the Court of Appeal until the conclusion of this case. They further urge imposition of 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 with counsel Ravindranath Dabare appeared for the respondent.
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