SB won’t challenge expulsion

by Chitra Weerarathne
Former UNP Member of Parliament for the Nuwara Eliya district S. B. Dissanayake yesterday withdrew the fundamental rights violation application, he had filed in the Supreme Court, against the decision of the Secretary General of Parliament declaring that he had vacated his Parliamentary seat.
The Supreme Court advised Counsel, Faiz Mustapha P.C., that unless Dissanayake withdrew the petition, the Court would declare that he was disqualified from sitting in Parliament.
Chief Justice Sarath N. Silva said that on November 11, 2004, it unanimously convicted Dissanayake of contempt of the Supreme Court.
Counsel Faiz Mustapha told the Court that his client was unseated from Parliament, on the basis of being absent for a continuous period of three months, without leave from the Parliament. It was not an issue of disqualification. Dissanayake would withdraw the petition, on the basis that he was unseated for absence Counsel said. The Court allowed the suggestion and allowed the withdrawal.
The petition was withdrawn consequently on the basis that Dissanayake ceased to be an MP, on the grounds that he was absent from Parliament and not on the basis that he was disqualified from sitting in Parliament.
The Deputy Solicitor General, Indika Demuni de Silva, appeared for the Secretary General of Parliament, and the Attorney General, who were cited as respondents in the rights violation application. Dissanayake ceased to be a Member of Parliament, consequent to the Supreme Court convicting him for contempt. A penalty of two years rigorous imprisonment was imposed on him. Dissanayake was convicted of abusing the Court at a public gathering in the Southern Province.
The fundamental rights violation application was supported by Faiz Mustapha P.C., appearing with J. C. Weliamuna.
The Bench comprised the Chief Justice Sarath N. Silva, Justice N. G. Amaratunga and Justice Andrew Somawansa.