The Court of Appeal decided yesterday (7) to dismiss a petition filed by of Justice Minister Dr. Wijayadasa Rajapakshe requesting an interim restraining order to stay the injunction issued by the Colombo District Court preventing
the appointment of Dr. Wijayadasa Rajapakshe as the Acting Chairman of the Sri Lanka Freedom Party.
After considering the basic facts presented regarding an amendment petition filed by Justice Minister Dr.Wijayadasa Rajapakshe requesting that the injunction be dissolved Court of Appeal Judge D.N. Samarakoon delivered this order.
Announcing the order, Court of Appeal Judge D.N. Samarakoon mentioned that the District Court has jurisdiction in the first instance related to this case. Therefore, the judge mentioned that there is a possibility of making a request before the same court’ against a decision given by the district Court. The judge therefore held that there was no need for the Court of Appeal to exercise revisional jurisdiction against a District Court order. Accordingly, the judge ordered the petition to be dismissed without charge.
The Colombo District Court issued an injunction restraining the Chairman of the Sri Lanka Freedom Party and former President Maithripala Sirisena from serving in that position after considering the facts related to a petition filed by the former President Chandrika Bandaranaike Kumaratunga.Then, upon the agreement of the majority of the members of the party’s executive council, Justice Minister Wijayadasa Rajapakshe was appointed as the Acting President of the Sri Lanka Freedom Party.
Against this Mahinda Amaraweera, Duminda Dissanayake and Lasantha Alagiyawanna filed a case before the Colombo District Court. After considering the facts presented by their lawyers, the District Court issued an injunction preventing Wijayadasa Rajapakshe from being appointed to that position.
Justice Minister Dr.Wijayadasa Rajapakshe submitted a revision petition to the Court of Appeal against the injunction and the basic facts related to it were considered recently. After considering the facts presented there, the judge decided to postpone the order on the issuance of the interim injunction requested by the petitions. Lasantha Alagiyawanna, Duminda Dissanayake, Mahinda Amaraweera and others who filed the relevant petition before the District Court are the respondents here.
On the advice of senior lawyer Sanath Wijewardena, President’s Counsel Romesh de Silva appeared for the petitioner Wijayadasa Rajapakshe. Attorneys Sanjeeva Kaluarachchi, Chandaka Jayasundara, Avinda Rodrigo and Kuwera de Soyza appeared for the respondents.
Nelka Medagedara