CA Judges Karunaratne, Ganepola recuse from hearing case filed by Sports Minister

Court of Appeal President, Justice Nissanka Bandula Karunaratne and Court of Appeal Judge Justice Dhammika Ganepola withdrew from hearing of the petition related to the suspension of the Sports Minister’s

decision to suspend the registration of the Sri Lanka Cricket Institute and appoint a new interim control committee yesterday (14).

Sports Minister Roshan Ranasinghe had asked his lawyer G.G.Arulpragasam to file a motion and this was stated when it was taken up for hearing.

The motion was first called before a panel of judges consisting of Justice Nissanka Bandula Karunaratne President of the Court of Appeal and Vikum Kaluarachchi.

President’s Counsel K. Kanageeswaran, who appeared on behalf of the Minister of Sports, stated that his client is objecting to the hearing of this petition by the President of the Court of Appeal.

Is he objecting against the Bench or against myself? President Justice Karunaratne asked. The President’s Counsel said that his client was protesting against the hearing of these petitions by the President Judge.

Then Judge Nissanka Bandula Karunaratne said that he has already decided to withdraw from the hearing of this petition. The presiding judge said that the Sports Minister, some members of the Cabinet and MPs had unfairly criticised him. He said that he decided to withdraw from the hearing of this petition for that reason. Justice Vikum Kaluarachchi, a member of the Bench, stated that this is just another ordinary case and that he agreed to issue the relevant Interim Order because the petitioner’s lawyers presented the facts and because the respondents had been issued notice.

Accordingly, the presiding judge ordered to refer the petition to another Bench for consideration and it was recalled before a Bench of the Court of Appeal consisting of Justices Sobitha Rajakaruna and Dhammika Ganepola. Justice Dhammika Ganepola, a member of the Bench, stated that he would withdraw from the hearing of this petition due to personal reasons.

Accordingly, the relevant petition was forwarded to the President of the Court of Appeal, Justice Nissanka Bandula Karunaratne, to appoint a new panel of judges for the hearing.

At that time, President’s Counsel K. Kanageeswaran who appeared for the respondent Sports Minister mentioned that the President of Sri Lanka Cricket has filed this petition on a personal level, when he has no legal right to do so.

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