Appeal Court confirms Rauff Hakim leadership
[TamilNet, Friday, 13 December 2002, 15:13 GMT]
The Court of Appeal Friday rejected an appeal challenging the legality of the ruling by the Colombo District Judge who revoked his earlier enjoining order which restrained Mr.Rauff Hakim from functioning as the leader of the Sri Lanka Muslim Congress (SLMC), legal sources in Colombo said. The appeal was filed by Mr.S.Subairdeen who claimed to be the leader of the SLMC and twelve others including Minister Mr. A.L.Athaullah.
The appeal came up for inquiry Friday before a two member Court of Appeal comprised Justice Mr. Gamini Amaratunge and Justice Mr.Jagath Balapattebandi.
The Court of Appeal held the ruling delivered by the Colombo District Judge revoking his earlier enjoining order restraining Mr. Hakim from functioning, as the leader of the SLMC is valid in law. Justice Gamini Amaratunge said in his order with the consent of Justice Jagath Balapattebandi that the enjoining order restraining Mr. Hakim from functioning as the leader of the SLMC had been removed by the District Judge after studying the facts presented by both parties in the dispute.
However the Court of Appeal said it would take up the matter for further inquiry on 7th February next year.
Mr.Rauff Hakim on being informed of the move to oust him from the leadership of the SLMC, expelled the dissidents while in Oslo, Norway. The dissidents in a counter move not only expelled Mr. Hakim from the party but also successfully obtained an enjoining order restraining him from functioning as the party leader.
However, on his return from Oslo Mr. Hakim moved a revision in the same court and before the same judge and obtained a ruling revoking earlier restraining order. The District Judge in his ruling revoking his earlier restraining order said the dissidents had misled the court by suppressing true facts in the dispute that Mr. Hakim had already expelled them from the party as empowered under the party constitution.