The Supreme Court on Friday declared that the
expulsion of parliamentarians Ameer Ali, Najeeb A. Majeed and
Rishard Badiurdeen from the Sri Lanka Muslim Congress, by letter
dated April 4, 2005, were invalid. Therefore three petitioners
shall continue to be Members of Parliament.
The applications by the three petitioners
challenging their expulsions were allowed with costs payable to
the complainants by SLMC, its leader Rauff Hakeem and its
General Secretary M. T. Hasen Ali.
In relation to the application made by Rishard
Badiurdeen, the letter dated May 2, 2005 addressed to the
General Secretary of Parliament by the UNP, stating that
Badiurdeen has ceased to be a member of the party from April 5,
2005, has been admittedly sent on the basis of the expulsion of
the petitioner Badiurdeen, from the SLMC by letter dated, April
The UNP conceded the party had no direct
interest in this matter. The UNP would abide by the decision of
this court on the basis of the challenge to the impugned
expulsion dated April 4, 2005.
The court further declared invalid the impugned
expulsion contained in letter dated May 2, 2005, to the
Secretary General of Parliament by the UNP is also invalid.
Ameer Ali contested the general election of
April 2004 from the SLMC and was elected from the Batticaloa
Najeeb A. Majeed contested from the SLMC and was
elected from the Trincomalee district.
Badiurdeen, has been a member of the SLMC, and
was a nominee of the UNP for the Wanni district. His name was
included in the nomination papers of the UNP on the basis of the
electoral agreement, with the SLMC. He was elected to
The three petitioner were expelled from the SLMC
by letter dated April 4, 2005. Badiurdeen was consequently
expelled from the UNP, on a later date.
The judgement said that, "considering the
personal animous displayed by the leader of the party prior to
disciplinary action being taken, the respondents the SLMC, etc.,
leader, and General Secretary, should have adduced evidence to
establish that the decision making process was devoid of bias
against the petitioners. The respondents failed to adduce any
The respondents failed in every respect to
satisfy the court to the validity of the impugned expulsion.
The judgement also said that the withdrawal of
the expulsion by the General Secretary of the SLMC, on behalf of
the SLMC was done on May 28, 2005, after a period of one month
had lapsed from the date of the impugned expulsion. The
petitioners had applied to court by then. The petitioners are
correct in requesting a determination to be made by court as to
the validity of their expulsion.
D. S. Wijesinghe P.C., with Sanjeewa Jayawardene,
Priyanthi Gooneratne, Kaushalya Molligoda and M. I. M. Azver
appeared for petitioners, Ameen Ali and Najeeb A. Majeed,
Wijeyadasa Rajapakse P.C., with Kapila Liyanagamage and Rasika
Dissanayake appeared for the petitioner Badiurdeen.
Gaston Jayakoddy was the instructing attorney
for all the three petitioners.
Romesh de Silva P.C., with Harsha Amerasekera,
instructed by G. G. Arulpragasam appeared for the SLMC and its
leader. Ikram Mohammed P.C., with A. A. M. Illias, Nizam
Kariapper and Padma Bandara instructed by G. G. Arulpragasam
appeared for the General Secretary of the SLMC.
K. N. Choksy P.C., with L. L. Seneviratne P.C.,
Daya Pelpola, S. J. Mohideen, Ronald Perera and Shamila
Amarawickrama appeared for the UNP and its leader Ranil
Mrs. I. Demuni de Silva Senior State Counsel
appeared for Secretary General of Parliament and the
Commissioner of Election.
The Bench comprised the Chief Justice Sarath N.
Silva, Justice Nihal Jayasinghe, Justice N. K. Udalagama,
Justice N. E. Dissanayake and Justice Raja Fernando.