SC decides expulsion of Attanayake from parliamentary seat is invalid

May 5, 2015

The Supreme Court in a historic judgment on Tuesday (5) ruled that expulsion of former United National Party (UNP) General Secretary, Tissa Attanayake, from parliamentary seat is invalid as due process was not followed.

The judgment was delivered, when a petition filed by Attanayake, was taken up for hearing before a bench comprising of three judges including Justices Rohini Marasinghe. 

The Supreme Court ruled that since a disciplinary inquiry has not been conducted or a charge sheet has not been filed against Attanayake in this regard, it is unjustifiable to take such a decision.

The former UNP General Secretary, who pledged support to then President Mahinda Rajapaksa ahead of the Presidential Election in January, was also expelled from the party following a decision taken by the working committee.

On February 11, Attanayake was released on bail after being arrested on criminal charges of falsifying a document. Attanayake, who was made Health Minister for less than three weeks after he defected from the UNP, was accused of fabricating a document to discredit President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe.

M.U.M.Ali Sabry with Kaushalya Molligoda and Ruwantha Coorey instructed by Athula De Silva appeared on behalf of the petitioner. Romesh De Silva with Sugath Caldera and Eraj De Silva appeared for the UNP. 

Ronald Perera with Suren Fernando appeared for the leader of the UNP while Ikram Mohamed PC with Saadi Wadood appeared on behalf of the General Secretary of the UNP.