Ranjan case: Lawyer Faiz Mustapha says contempt of court ‘is not criminal offense’
COLOMBO: The Court of Appeal has further extended its interim order directing secretary- general of Parliament (SGP) to maintain status quo (maintain existing state of affairs) on the parliamentary seat of Samagi Jana Balawegaya (SJB) Gampaha District MP Ranjan, Daily News reported.
The interim order will be effective until March 18.
Court of Appeal two-judge-bench comprising Justice (president) Arjuna Obeysekera and Justice Mayadunna Corea made the order consequent to a writ petition by Ranjan Ramanayake claiming his rights to function as a Parliamentarian.
The petition will be taken up for further support on March 18.
Additional Solicitor General Indika Demuni de Silva, appearing for the attorney general, raised preliminary objections challenging the maintainability of the writ petition, according to Daily News.
She submitted to court that the petitioner cannot invoke court’s jurisdiction since the secretary-general has performed his ministerial duties as per the judgment delivered by the Supreme Court, convicting Ramanayake for committing the offense of Contempt of Court.
President’s Counsel Faiz Mustapha PC appearing for the petitioner Ramanayake argued that contempt of court is not a criminal offense and thereby his parliamentary seat would not be vacated.
On Jan. 11, the Supreme Court convicted Ranjan Ramanayake for the offense of contempt of court and sentenced him to four years’ rigorous imprisonment.
Ranjan Ramanayake is seeking an order restraining secretary-general of parliament from taking any steps to inform the Election Commission that he has vacated his seat as an MP.
Ramanayake said that irreparable harm and damage will be caused to him unless the interim relief is granted to the Petitioner in as much as he will be deprived of functioning as an MP.
The petitioner stated that the people’s franchise would also be adversely affected if he is wrongfully prevented as functioning as a representative of his electorate.
Ramanayake alleged that secretary general of Parliament has not taken any step in terms of section 64 (c) of the Parliamentary Elections Act in respect of Premalal Jayasekara, who was elected as an MP from the Sri Lanka Podujana Peramuna (SLPP), which is the governing party and continues to sit and vote as an MP despite his conviction of the offense of murder and has been imposed a sentence of death.
He alleged that secretary general of Parliament would be acting illegally, unlawfully, and inter alia in violation of Article 12(1) and Article 12(2) of the constitution, which guarantee the Petitioner the equal protection of the law and freedom from discrimination on the grounds of political opinion.
President’s Counsel Faiz Mustapha with, M.A. Sumanthiran PC, Counsel Suren Fernando with Keerthi Thillekaratne under the instructions of Vidanapathirana Associates appeared for Ranjan Ramanayake. Additional Solicitor General Indika Demuni de Silva with Deputy Solicitor General Nerin Pulle, Senior State Counsel Awanthi Perera and Senior State Counsel Suharshi Herath appeared for the Attorney General.