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What is the proof that Sri Lanka would lose the ICC membership if we did not attend the International Cricket Council conference. There was not a single material before court to that effect, submitted President's Counsel K.N. Choksy, Senior Counsel for the petitioner in the BCCSL case, when it came up before the Court of Appeal yesterday.

The Bench comprised Justice Hector S. Yapa and Justice P. H. K. Kulatilleke.

An application by the petitioners in the case seeking an interim injunction restraining the interim committee functioning in the office.

The petitioners are Anura Weerasinghe, Shammi Silva, Jayananda Warnaweera, Kamal Dharmasiri and B.S. Perera, office bearers and members BCCSL ex-co elected at the Board AGM held on March 28, 1999.

Petitioners cited Minister of Samurdhi, Youth Affairs and Sports S.B. Dissanayake, Rienzie T. Wijetilleke, chairman of the interim Board, Michael Tissera, Sidath Wettimuny, Ashantha de Mel, S. Skamdhakumar, Gehan Siribaddana, Upali Kumarasiri and Dhammika Ranatunga as respondents.

Mr. Choksy citing several authorities submitted to court that the interim injunction issued by the District Court was not a suspension of the Board. A suspension on the Board only could be issued by the Sports Minister, he said.

Senior Counsel said that under sections 32 and 33 of the Sports Law the Minister has no power to appoint an interim committee. The only way to solve the present situation the Sports Minister has, go to Parliament and amend the law, he added.

That objections filed by the Minister of Sports against the issue of a Writ to suspend the interim committee has no material to back it. They are mere assertions of the minister without any material to support, Mr. Choksey said.

Mr. Choksey empahsised that the President of the Cricket Board is only a ceremonial president. He is not an Executive President.

Justice Hector Yapa:- If he is only a ceremonial president, why are they fighting!

The petitioner deny all and singular averments which are inconsistent with the petition.

Solicitor General K.C. Kamalasabyson PC appeared with State Counsel Uditha Egalahewa for the first respondent, Sports Minister S.B. Dissanayake.

President's Counsel K.N. Choksy with Messrs. L.C. Seneviratne PC, S.L. Gunasekera, Ronald Perera instructed by M/s Paul Ratnayake Associates appeared for the petitioners.

President's Counsel Ikram Mohamed with Messrs Shammil Perera and Thisath Wijegunewardena instructed by M/s Julius and Creasy appeared for the second to sixth respondents.

Mr. Choksy will continue his submissions when the proceedings resume on July 27.