Gamini Dissanayake (Petitio... - Human Rights Commission of Sri ...

Gamini Dissanayake (Petitioner In Sc 4/91) V. Kaleel, M.C.M. And Others file:///C:/Documents and Settings/kapilan/My Documents/Google Talk ...
be its magnitude. All of them have attended joint press conferences and provided moral support to their leadership.
None of them has urged any reason for treating him more leniently and I see none ; I hold that the expulsion of each
petitioner is justified.
The subsequent conduct of the petitioners not only affirms their guilt but also establishes mala fides on their
part. They have a constitutional remedy against their expulsion. Whilst availing of that remedy they went round the
country. During their campaign they were generally not adducing facts or arguments but hurling accusations or
insults.
As a meeting on 10.09.91 the petitioner No. 5 said that they had brought down the President from his throne
to the steps of the old Parliament (R10C). On 22.09.91 the petitioner No. 4 alleged that the LTTE had been given
anti aircraft guns without Cabinet sanction (R10G). On 29.09.91 the same petitioners compared the President to
'Bokassa' said to be a dictator in Central Africa (13101). On 27.10.91 he said that the UNP is shattered and the
country is facing a terror worse than the JVP (1320). At a meeting on 29.10.91 the petitioner No. 5 announced the
formation of a new party (R20A).
In their petition, the petitioners made serious allegations of a personal nature against the District Judge of
Colombo arising from the judicial order (P6) whereby the petitioners' applications for injunctive relief were refused. At
the hearing, this Court pointed out to the fact that these are not allegations within our purview ; also that the District
Judge is not a party to these proceedings and hence not in a position to defend himself. Having consulted the
petitioner, Mr. de Silva very properly agreed to withdraw these allegations but without prejudice to the position taken
by the petitioners. I agree with the order proposed by my brother Fernando J. for expunging the offending passages
in the averments from these proceedings.
CONCLUSION
For the foregoing reasons, I determine that the expulsion of each of the eight petitioners in these
applications (Special) Nos. 4-11/91 was valid. In the result I dismiss their applications. These proceedings have
raised constitutional questions of public or general importance for the resolution of which the parties have
contributed. In the circumstances, I make no order as to costs ; each party will bear his costs.
WADUGODAPITIYA J.
I have had the benefit of reading the judgments of my brothers Mark Fernando J. and Kulatunga J. They
have narrated in quite some detail, the facts pertaining to these eight applications and the events that led up to the
filing of these applications. In both judgments the narration is comprehensive and accurate, and I must say that I
have nothing to add.
I have also considered very carefully, the reasoning and the conclusions in both judgments and would agree
with those of my brother Kulatunga J. In the result, I would determine that, upon a consideration of all the material
presented before us, the expulsion of the petitioners S.C. (Special) Nos : 4/91, 5/91, 6/91, 7/91, 8/91, 9/91, 10/91
and 11/91 was valid. I accordingly dismiss all eight applications.
There is no other matter that needs to be mentioned. That is the fact that all eight petitioners referred to
above made very serious allegations in their petitions against the District Judge of Colombo in connection with the
unsuccessful actions filed in the District Court of Colombo on 5.9.91. At the hearing, Learned President's Counsel
appearing for the petitioners was informed by Court that the allegations of partiality made by the petitioners against
the District Judge of Colombo were obviously irrelevant to these proceedings ; that this Court is not called upon to
make a determination in that respect, and that, in any event, the District Judge of Colombo has not been made a
party to these proceedings. After consulting the petitioners Learned President's Counsel agreed to withdraw the
offending passages in the pleadings without prejudice to the rights of the petitioners to persue the matter elsewhere.
I am in entire agreement with what has been stated on this matter by my brothers Mark Fernando J. and Kulatunga
J. and would myself direct the Registrar to expunge the offending passages from the record.
I make no order as to costs. Each party will bear his own costs.
Expulsion of all eight petitioners upheld.
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