Appeal Court rejects Maxwell’s relief request
The Court of Appeal has dismissed an application for interim relief filed by Maxwell de Silva, the suspended Secretary General of the National Olympic Committee of Sri Lanka (NOCSL), who sought to continue in his position pending a full hearing of his case.
In the order delivered on April 30, 2025, a two-judge bench comprising Justices Dhammika Ganepola and Damith Thotawatta unanimously ruled against granting the requested interim orders that would have suspended his removal from office. De Silva filed writ application, challenging several documents that led to his suspension, including recommendations from the NOCSL Ethics Committee dated September 4, 2024, and subsequent suspension notices issued in January 2025.
The suspension was approved by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage, and implemented by NOCSL President Suresh Subramaniam. The case highlights significant governance issues within Sri Lanka’s premier sporting body, with international implications for the country’s Olympic programme.
The court recognised that de Silva had met the initial threshold, acknowledging that refusing interim relief could undermine the effectiveness of a potential final judgment in his favour. However, this consideration alone was not sufficient to justify granting relief.
The court found the balance of convenient factor strongly in favour of the opposing party. Justice Ganepola observed that even if interim relief were granted, de Silva would still face significant practical limitations in carrying out his duties, as the International Olympic Committee (IOC) had made it clear it would only recognise communications signed by the NOCSL President.
Court also found that de Silva would not suffer serious or irreversible harm from the denial of interim relief, particularly because his role was honorary. On the other hand, the court expressed concern that ongoing internal conflicts could lead to a prolonged suspension of IOC funding for Sri Lanka’s Olympic programme, ultimately harming athletes and hindering the country’s sports development.
A significant factor in the court’s decision was evidence that the IOC and Olympic Council of Asia (OCA) had already suspended funding to the NOCSL due to unresolved ethical issues, with exceptions only for direct payments to athletes receiving Olympic scholarships. The court said that this funding freeze could severely impact athlete training, coaching programmes, and educational initiatives across Sri Lanka’s sports sector.
The case saw high-profile legal representation, with Ikram Mohamed, PC leading the petitioner’s team with Chamath Jayasekara, while Dr. Romesh de Silva, PC instructed by Sanath Wijewardena, represented the NOCSL President and one of the Vice Presidents. The government respondents were represented by Deputy Solicitor General Manohara Jayasinghe. While the interim application has been dismissed, the court will hear the full petition challenging de Silva’s suspension.
Accordingly, the Court directed the respondents to file any objections related to the petition by June 12, and the petitioner to respond to those objections by July 14. The hearing of the petition for September 4.