Enjoining Orders against ANCL, Silumina lifted
The Enjoining Orders obtained by the President and the Vice President of Sri Lanka Cricket (SLC) against a journalist from the Silumina newspaper and the Associated Newspapers of Ceylon Limited (ANCL) preventing the publication of articles about Sri Lanka Cricket and further dissemination of published articles were yesterday lifted by the Colombo District Court.
The order was delivered by Colombo Chief District Judge Sadun Withana and he observed that the disclosure made by the Silumina newspaper regarding the discipline of cricket and the financial management of Sri Lanka Cricket was a fair criticism published based on facts.
The Chief District Judge also refused to issue a restraining order against Silumina. On July 25, the Associated Newspapers of Ceylon Limited (ANCL) filed objections against the relevant enjoining orders, seeking the dismissal of the case without fixing it to trial.
In the objections it was pointed out that the plaintiff Chairman and the Vice President have fraudulently concealed essential facts and obtained Enjoining Orders, and sought to cancel the Enjoining Orders obtained and dismiss the case.
It also pointed out that, It has taken more than two months to take legal action against the articles in question which is an undue delay as per the Code of Civil Procedure. The defence has no malice towards the plaintiff and these articles have been published only to expose the facts.
In the objections, further said that the core of the related articles based on the case is the report submitted by the five-member panel special investigation commission headed by the retired High Court Judge Saroja Kusala Weerawardena, who was appointed by the Sports and Youth Affairs Ministry.
After considering the facts, the Enjoining Orders which were obtained by the President and Vice President of SLC were lifted by the Colombo Chief District Judge.The case will be taken up again on November 9.
The President and the Vice President of SLC had filed these cases in the Colombo District Court stating that two news items published in Silumina Newspaper on April 23 and June 18, 2023 had been defamed.
Silumina newspaper’s journalist Fauz Mohammed and the Associated Newspapers of Ceylon Limited (ANCL) have been named as defendants in the case.
President’s Counsel Kuvera De Soyza appeared for the plaintiffs on the advice of Attorney Sanjay Fonseka while on the advice of Attorney M.I.Jayawardena along with Senior Attorney Sanjeeva Dassanayake appeared for the defence.