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Enjoining order on BCCSL not extended

The enjoining order debarring Thilanga Sumathipala and others from holding office as the President of the BCCSL and as members of the Ex-co respectively was not extended yesterday on the orders of the Colombo District Court.

However, the case will continue in the Colombo District Court until a conclusion is reached. If the plaintiff Mr. Clifford Ratwatte succeeds, fresh elections will be held. If the defendants win they will continue to function in the same capacities for which they were elected at the BCCSL AGM on 28 March, 1999.

The Judge in his order observed that the issue of the Cricket World Cup was an over-riding factor affecting millions of Sri Lankans and on a balance of convenience he was compelled not to extend the enjoining order.

He said the World Cup is a big event and it is held only once in four years. A massive organisation is involved to deal with such matters as finances and related affairs. If only such a situation would have been laid bare at the begining of this case the matter would have been taken cognisance of.'' At the time of the issue of the ex-parte order court did not consider that the World Cup was due to held in May and June.This is the main contention of the defendants.''

Having heard submissions from both sides the Judge said that he was satisfied with the Plaintiff's contention that issue of mandate requiring representatives to vote on behalf of their host clubs was a question of law and will be decided at the trial.

The Judge also said that he was of the view for the purpose of this inquiry that the Plaintiff Mr. Clifford Ratwatte has established prima-facie that the purported election was held under intimidation, thuggery and impersonation.

Meanwhile, District Judge Colombo A.W.A. Salam yesterday referred the letter written by Samurdhi, Youth Affairs and Sports Minister S.B. Dissanayake dated 21-04-1999 to the Chief Executive Officer of the Board of Control for Cricket in Sri Lanka to the Court of Appeal under article 105(3) of the constitution to consider whether there could be a charge of contempt of court.

A photocopy of the said letter has been filed with a motion before courts on 23.04.99 by Mr. Clifford Ratwatte the plaintiff in the case challenging the election of Cricket Board President Thilanga Sumathipala at the AGM of the BCCSL on March 28.

The Judge said that the Plaintiff has brought to his notice that the said letter was a challenge to the independence of the judiciary and the contents therein are contempt of court.

`` On a perusal of this letter it could be said that on the face of it the plaintiff's contention may be correct.''

The discharge of the function of the judiciary is independent of the executive and should be without any interference whatsoever.The manner in which the Court exercises its functions can be questioned only by the Law and not by the executive or any other party.''

``Based on this argument, I have considered the above letter and in terms of section 105(3) I forward this letter to the President of the Court of Appeal for action if necessary.''

A copy of the said letter will also be forwarded to the Chief Justice and the Attorney General.

Judge Salam also said that he would order the CEO of the BCCSL to forward a certified copy of this letter to this court on or before 7.5.99.

He also said that acting under the inherent powers of the court he would order the secretary of the Ministry of Sports to forward a certified copy of the letter.

Mr. Romesh de Silva PC with Palitha Kumarasinghe and Harsha Amarasekera instructed by G.G. Arulpragasam appeared for the plaintiff Mr. Clifford Ratwatte.

Mr. L.C. Senevirate PC with S.L. Gunasekera and Ronald Perera instructed by Paul Ratnayake Associates appeared for Mr. Thilanga Sumathipala.

Mr. Hiran de Alwis instructed by Mrs. Ayoni Perera appeared for the second, fifth and thirteenth defendants.