Contempt charge against Dr. Padeniya: Fresh CA Bench nominated for inquiry

By S.S.Selvanayagam

The Appeal Court yesterday nominated a fresh Bench for inquiry in respect of the Contempt of Court allegation against Government Medical Officers Association (GMOA) President Dr. Anuruddha Padeniya.

The Bench comprising Justices Yasantha Kodagoda (President/C/A) and Arjuna Obeyesekere fixed the matter for 21 June.

The new Bench comprising Justices Shiran Gunaratne and Mahinda Samayawardena has been nominated as Justice Janaka de Silva had previously recused himself from the Bench due to personal reasons.

The Convener of the National Movement for Social Justice (NMS) Prof. Sarath Wijesuriya and the Co-Convener of the Puravesi Balaya (Citizens’ Power) Gamini Viyangoda filed the Contempt application against Dr. Anuruddha Padeniya.

Gamini Marapana PC with Navin Marapana appeared for Dr. Padeniya. Upul Jayasuriya PC with Chandimal Rajapakse, Lakna Seniviratne and Reshaal Seresinghe instructed by Chitrananda Liyanage appeared for the Petitioners. Deputy Solicitor General Viraj Dayaratne appeared for the Attorney General.

Petitioners state the Court of Appeal delivered the judgment on 31 January 2017 inter alia issuing a Writ of Mandamus compelling the Sri Lanka Medical Council (SLMC) to register the MBBS graduates of the South Asian Institute of Technology and Medicine (SAITM) provisionally as medical practitioners and also issued a Writ of Prohibition preventing it from refusing to register the MBBS graduates of SAITM.

They state the GMOA has condemned and or openly criticised the said judgment demanding to annul and or set it aside.

They further state the GMOA has called for a national front and trade union action against the SAITM following the judgment of the Court of Appeal.

They state the GMOA on 7 April 2017 had organised a protest march in which the Respondent delivered a speech and made deliberate, malicious and contemptuous statements in relation to the Court Process, judgment and the conduct of the Judges as well as the Attorney General. They state that in an interview, GMOA Secretary Dr. Nalinda Soysa said the President should exercise his Executive powers to quash the Appeal Court ruling.

They allege the conduct of the Respondent obstructs the due administration of justice through coercing other authorities to apply pressure on the Court.

They are seeking the Court to deal with the Respondent and punish him for allegedly committing the offence of Contempt of Court.