SC concludes hearing of Harin and Manusha’s petition, verdict deferred
January 23, 2024 04:57 pm
The Supreme Court on Tuesday (23 Jan.) concluded the hearing of the petition filed by Ministers Manusha Nanayakkara and Harin Fernando, challenging the decision taken by Samagi Jana Balawegaya (SJB) to oust them from the party and disqualify them of their parliamentary seats.
The hearing was concluded by a three-judge bench of the Supreme Court comprising of Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekera, when the case was taken up in court this morning, and it was declared that the verdict would be deferred, indefinitely.
Appearing on behalf of Minister Nanayakkara during the hearing, President’s Counsel Faizer Mustapha informed the court that as per the constitution of the SJB, taking disciplinary action against its members is a responsibility entitled to the party’s Working Committee, and not one that has been devolved to the party leader.
Thus, he highlighted that the decision taken by SJB leader Sajith Premadasa to oust Nanyakkara was unconstitutional, as per the party’s rules, and thereby unlawful.
On 18 July 2023, the SJB Working Committee had decided to expel Fernando and Nanayakkara from the party.
In May 2022, the SJB had suspended the party membership of the two parliamentarians after they had accepted ministerial portfolios in the government while the party had vowed to take disciplinary action against them.
MPs Harin Fernando and Manusha Nanayakkara were sworn in as the Minister of Tourism & Lands and Minister of Labour & Foreign Employment, respectively.
Fernando and Nanayakkara had said they accepted ministerial portfolios in the government under President Gotabaya Rajapaksa to do their utmost to find solutions to the ongoing economic crisis as a positive response was not received from many political party leaders for a collective effort.
They both subsequently resigned from their ministerial portfolios on July 9, 2022 along with the rest of the Cabinet, after then President Gotabaya Rajapaksa informed the Speaker of Parliament that he intends to resign.
However, they were both reappointed to the same ministerial portfolios by incumbent President Ranil Wickremesinghe when he appointed a new Cabinet on July 22, 2022.
