Contempt of court charge against Dr. Padeniya: Fresh CA Bench nominated

The Appeals Court yesterday (14) nominated a fresh Bench to hear the contempt of court allegation against Government Medical Officers’ Association (GMOA) President Dr. Anuruddha Padeniya.

The Bench comprising Justices Yasantha Kodagoda (President/c/a) and Arjuna Obeysekere fixed the matter for June 21.

The new Bench comprising Justices Shiran Gunaratne and Mahinda Samayawardena has been nominated as Justice Janaka de Silva had previously recused himself from the Bench citing personal reasons.

The Convener of the National Movement for Social Justice Prof. Sarath Wijesuriya and the co-convener of the Puravesi Balaya Gamini Viyangoda filed the contempt of court application.

Gamini Marapana PC with Navin Marapana appeared for Dr. Padeniya. Upul Jayasuriya PC with Chandimal Rajapakse, Lakna Seniviratne and Reshaal Serasinghe instructed by Chitrananda Liyanage appeared for the Petitioners. Deputy Solicitor General Viraj Dayaratne appeared for the Attorney General.

Petitioners state the Court of Appeal delivered the judgment on January 31, 2017 inter alia issuing a Writ of Mandamus compelling the Sri Lanka Medical Council (SLMC) to register the MBBS graduates of the South Asian Institute of Technology and Medicine (SAITM) provisionally as medical practitioners and also issued a Writ of Prohibition preventing it from refusing to do so. They state that the GMOA has condemned and/ or openly criticized the said judgment demanding to annul and/or set it aside.

They further state the GMOA has called for a national front and trade union action against the SAITM following the judgment of the Court of Appeal.

They state the GMOA on April 7, 2017 organized a protest march at which the Respondent also spoke and that in this speech he had made deliberate, malicious and contemptuous statements in relation to the court process, judgment and the conduct of judges as well as the Attorney General.

They state that in an interview, GMOA Secretary Dr. Nalinda Soysa had suggested that the President should exercise his executive powers to quash the Appeals Court ruling. They allege the conduct of the Respondent obstructs the due administration of justice, coercing other authorities to apply pressure on the Court. They are seeking a ruling from the Court to deal with the Respondent and punish him for being in contempt of court.

The new Bench comprising Justices Shiran Gunaratne and Mahinda Samayawardena has been nominated as Justice Janaka de Silva had previously recused himself from the Bench citing personal reasons