Pro-Hakeem NUA Parliamentarian retains seat

[TamilNet, Friday, 28 September 2001, 10:39 GMT]
The Supreme Court (SC) held Friday that the expulsion of parliamentarian Basheer Segu Dawood from the National Unity Alliance (NUA) is illegal. The SC, comprised Justices A.R.B.Amerasinghe, H.S.Yapa and C.V.Wigneswaran further ordered the Minister and Leader of the NUA Ms Ferial Ashraff, the first respondent to pay 25,000 Rupees as costs to the petitioner.

Mr. Basheer Segu Dawood filed his fundamental rights petition in the Supreme Court following a letter to the Secretary General of the parliament by the President of the NUA Ms.Ferial Ashraff that she had expelled the petitioner from her party.

The petitioner sought the SC to declare the purported expulsion letter by Ms.Ferial Ashraff was invalid and of no legal force or effect and to declare that he continued to be and remained as a Member of Parliament

Mr.Basheer Segu Dawood is one of the MPs who crossed the floor of parliament along with Mr.Rauf Hakeem and five others.

He said in his petition said "his expulsion from the NUA and subsequently from parliament was unlawful since the first respondent Ms.Ferial Ashraff was not the leader of the NUA. The NUA was an alliance of two parties namely the Sri Lanka Muslim Congress and Sri Lanka Peoples Front. There were no individual members of the NUA."

Hearing in a similar case filed by SLMC parliamentarian Mr.M.B.Mohideen Abdul Cader has been fixed from October 8 to 10 by the Supreme Court.

The petitioner Mr.Abdul Cader has cited Ms Ferial Ashraff and Mr.M.I.M.Rafeek who are claiming to be the leader and secretary of the NUA respectively and nine others as respondents. The petitioner has said in his petition that the expulsion of him from parliament by the first respondent Ms.Ferial Ashraff was in contravention of the memorandum of understanding entered into between the SLMC and NUA in respect of disciplinary control over the members of the SLMC. The petitioner prays court to declare the expulsion order was invalid and that he continued to be and remained as MP.

Meanwhile, the case in which both factions led by Mr.Rauff Hakeem and Mr.M.L.A.M.Hisbullah claiming the leadership the Sri Lanka Muslim Congress is scheduled to be heard in Colombo District Court on October 14. In this case the SLMC General Secretary Dr.A.L.M.Hafrath seeking an order preventing Mr.M.L.A.M.Hisbullah and seven others function as the leader and in other posts in the SLMC.

The plaintiff Dr.Hafrath has said in his plaint that Mr.Hisbullah and several others were elected as leader and to other positions in the party held at an illegal meeting held on August 4.