Manusha and Harin tell SC, banning their SJB membership is illegal

Ministers Harin Fernando and Manusha Nanayakkara informed the Supreme Court through their lawyers yesterday (27) that the decision taken to ban their party membership is against the constitution of Samagi Jana Balawegaya (SJB) and that therefore the decision is illegal. President’s Counsels who represented them mentioned this when two petitions filed against the decision to expel them from the party membership were taken up for hearing.

The petitions were called before the Supreme Court bench of Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekera.

President’s Counsel Faizer Mustafa, who submitted facts at length on behalf of petitioner Manusha Nanayakkara stated that according to the constitution of the SJB, the party working committee has the power to take disciplinary action against a party member who has acted against the party.

He pointed out that the committee has the power to “suspend or expel a party member or take appropriate measures related to it”.

He also pointed out that the letter sent by the party to the petitioner states that the member’s party membership had been ‘banned’.

He mentioned that there is no reference in the constitution regarding ‘prohibition’ of party membership.

He also mentioned that the respondents have arranged to send a different letter to the General Secretary of the Parliament and the Election Commissioner. He said that it is doubtful whether even the person who sent the letter had an understanding of the facts contained in it.

He pointed out that the full power to take disciplinary action against a party member rests with the party working committee, while the party leader has limited power to seek excuses from the members concerned.

He also pointed out that the respondents have not submitted any document to the court to prove that the disciplinary committee appointed in respect of the respondents was appointed by the working committee.

He also pointed out that the respondents have failed to present to the court even a single document stating the date, time or place where the members of the disciplinary committee had met.

He said that the letter banning party membership was issued by the deputy general secretary of the party and at that time the party general secretary had been serving in the relevant position. Despite this, he said that the letter issued by the deputy general secretary is not legal.

Therefore, he submitted facts that decisions taken by the disciplinary committee regarding the petitioner Manusha Nanayakkara and the prohibition of party membership are against the law.

Then President’s Counsel Romesh De Silva, who represented petitioner Harin Fernando, presented facts at length in the court.

He submitted that there had been no independent disciplinary investigation against the petitioner Harin Fernando.

He pointed out that apart from newspaper reports and video footage, no other evidence was examined during the disciplinary investigation.

The President’s Counsel mentioned that Harin Fernando had obtained an injunction from the district courts preventing the SJB from cancelling his party membership.

He pointed out that the party’s deputy general secretary Ashoka Abeysinghe had issued the relevant letter to the petitioner knowing that the injunction had been obtained. He also mentioned that the letter issued banning party membership is against the party constitution. Therefore, he submitted that the decision made was illegal.

The bench decided to consider further matters regarding the petitions on November 14.

The petitioners said that they received a letter issued by the deputy general secretary of the party on July 24, stating that they have been found guilty of violating the party’s discipline and that they have decided to suspend their party membership.

The petitioners allege that the decision taken by the party’s executive committee is against the constitution of SJB and the doctrine of natural justice.

The petitioners also point out that Sajith Premadasa, Chairman of the SJB, and Ranjith Madduma Bandara, the General Secretary, have no authority to take disciplinary action against them.

Also, they have submitted facts that the decision is illegal.

The petitioners are asking the court to give an order that they will not be deprived of their Parliamentary positions by the decision to deprive them of party membership.

The petitioner Manusha Nanayakkara was present in court when this petition was taken up for hearing.

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