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Diana’s expulsion case postponed as SC bench not properly constituted

9 February 2024 10:00 pm - 17     - {{hitsCtrl.values.hits}}

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Colombo, Feb 09 (Daily Mirror) - The three-judge-bench of the Supreme Court that was set to hear the expulsion petition filed by State Minister Diana Gamage challenging the Samagi Jana Balawegaya’s (SJB) decision to expel her from party membership has been postponed yet again since the  Supreme Court bench was not properly constituted.

Accordingly, the Supreme Court two-judge-bench comprising Justices S. Thurairaja and Kumuduni Wickremasinghe fixed the matter for further argument on February 28.

In her petition, Diana Gamage is seeking a declaration that the decision to expel her from the SJB communicated to her via letter dated 08th October 2021, is made in violation of the constitution of the SJB. Gamage stated that the party decision to expel her from party membership was unlawful and contrary to natural justice. 

Diana Gamage said she has been expelled from the party membership following her decision to vote in favour of the 20th Amendment to the Constitution. The Petitioner said she is not a member of the Government, but a Member of Parliament acting with independence and in accordance with her conscience as demanded by the SJB party constitution.
Diana Gamage has cited SJB General Secretary, its Chairman Sajith Premadasa, Secretary General of Parliament, Chairman of the Election Commission, members of Election Commission and several others as respondents.

She further seeks a declaration that the conduct of the purported disciplinary inquiry is in violation of natural justice and procedural properties, and thereby null and void and has no force or avail in law.
 
President’s Counsel Faiszer Musthapha PC with Counsel Shaheeda Barrie, Mehran Careem and Amila Perera appeared for Diana Gamage, while President's Counsel Faisz Musthapha with Counsel Keerthi Tillekaratne appeared for SJB leader Sajith Premadasa.

President’s Counsel Jayampathy Wickramaratne with Farman Cassim PC appeared for the SJB General Secretary.


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  Comments - 17

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  • Prince Friday, 09 February 2024 10:06 PM

    This case will never finalize until an election comes. She will be a state minister till she is thrown out by the winner of the elections.

    Jayantha Friday, 09 February 2024 10:07 PM

    Any party should be able to expel any national list mps as they are not voted by people. They were appointed by a party.

    Maqs Friday, 09 February 2024 10:55 PM

    Ha ha ha, really interesting.. Father appearing for one party and son for the other..

    Thavamani Suresh Saturday, 10 February 2024 01:41 AM

    Hand picked by Sajith like his recent ones. Shows the stupidity of the SJB leader and his leadership quality.

    ERAN Wicks Saturday, 10 February 2024 02:19 AM

    Genuine investors can see how the system works in SL.

    Sivalingam Saturday, 10 February 2024 02:22 AM

    Blunder of Asia, small debacle, so corrupt, waste of paradise.

    raj soma Saturday, 10 February 2024 04:44 AM

    SL parliament does not need Cannabis Ministers .People should have uprooted her long time ago by demanding to step down.

    lankaputha Saturday, 10 February 2024 04:44 AM

    Neethia Samata Samanaya, Said by Politicians

    last chance Saturday, 10 February 2024 05:31 AM

    WHEN A COURT CASE COM UP involving political influential personalities this often happens in the judiciary. This is very bad for the judiciary since ordinary people feels that judiciary could be influenced by the inferential.

    Onlooker Saturday, 10 February 2024 05:59 AM

    What ruses these VIPs use to circumvent punishment from going to prison hospital to postponements. Weerawanses open shut passport cases now over 3 years.

    Inefficient party leaders or a fancy drama? Saturday, 10 February 2024 08:33 AM

    This is a fiasco. A woman with no political back ground, who came to politics with the blessing of corrupt politicians is able to dictate terms to so much of people! It is a wastage of time and money when there are so many other important issues that plague the nation now.

    Sambo Saturday, 10 February 2024 09:15 AM

    Our supreme court is another corrupted institution by giving judgments according to the individual and not according to the law. When it comes to politicians they are unable to make a proper decision.

    Mohamed Adham Saturday, 10 February 2024 01:28 PM

    Ha ha ha , our great judiciary. And interesting point is that the FATHER/SON Legal team represent OPPOSITE sides in this case. Both making good money from BOTH OPPONENTS................. Faizer and Faiz Mustapha, in this case.

    Ginthota Palankumara Saturday, 10 February 2024 01:41 PM

    Once again the time has come to the Judicial System show their capabilities and honesty. This useless lady must be in the jail long ago except taking Pin Padi and eating Pin Bath from poor man plate!

    Dan Saturday, 10 February 2024 01:43 PM

    Exposing the independent judicial system in Sri Lanka, to the whole world.

    BuffaloaCitizen Saturday, 10 February 2024 02:56 PM

    This is proof the Judiciary is manipulated and corrupt to the hilt.

    Ragunath Sunday, 11 February 2024 05:15 AM

    What else to expect from a corrupt judiciary system in the country. Are they chooty babies?.


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