The Court of Appeal yesterday issued an Interim Order suspending the implementation of the gazette notification in respect of Sri Lanka Cricket’s Interim Committee appointed by the Sports Minister.
An Interim Order was issued preventing the members of the respective Interim Committee from holding office.
An Interim Order was also issued preventing this Interim Committee and the authorities including the Sports Minister from influencing and interfering in the affairs of the officials including the Chairman of the Sri Lanka Cricket. These Interim Orders were issued to be effective for fourteen days. Also, notices were issued directing the respondents including the Sports Minister to appear before the Court on November 16 to give evidence regarding the appointment of a new Interim Committee.
The Court of Appeal issued this order in response to a writ petition from SLC President Shammi Silva. President’s Counsel Romesh De Silva who appeared on behalf of the petitioner, stated that the International Cricket Council had previously informed SLC that it should be run without political interference and influence. Despite this, he mentioned that the Sports Minister continues to put pressure on the SLC and hinder its independence.
The President’s Counsel stated that the SLC’s registration was suspended by the Sports Minister by issuing a special gazette on Sunday.
He also mentioned that an interim committee of seven members was appointed to run the SLC. However, he also mentioned that the Minister has not issued the relevant gazette notification in Tamil. He submitted that the gazette notices were issued in both Sinhala and English languages only and the facts mentioned therein were contradictory and different.
He said that in one gazette it is mentioned that SLC has been suspended in accordance with the powers assigned to the Sports Minister under Section 32 of the Sports Act No. 25 of 1973, due to the need to investigate and take appropriate action regarding corruption, misconduct, and non-fulfillment of duties and responsibilities. The President’s Counsel pointed out that the other gazette announcement states that this interim committee will be appointed to investigate the matters of fraud and corruption uncovered by an investigation report conducted by the Auditor General. He mentioned that an investigation cannot be conducted regarding an institution whose registration has been cancelled. He also mentioned that if an investigation is conducted on the respondents, they should be given prior notice and explantions should be sought. But the Minister has not done any such activity and the principle of natural justice is violated by this action of the Minister, he said. He also mentioned that it is an unfair and an arbitrary process. Counsel brought to the attention of Court that there were media reports that the President was not aware of the appointment of this interim committee by the Sports Minister and it was reported that the Cabinet had decided to form a four member cabinet sub-committee to investigate the matter.
Also, he alleged that the actions taken by the Sports Minister to suspend the registration of the SLC and appoint a new Interim Committee are against the sports laws and regulations.
Accordingly, he requested Court to issue an interim order suspending the relevant gazette announcement.
After considering the facts presented, the Bench decided to issue the above Interim Orders. Lawyers representing the respondent Sports Minister or the other respondents were not present.
