Supreme Court dismisses FR application at leave to proceed stage
The Supreme Court dismissed the Fundamental Rights (FR) application filed by K. Mathivanan in relation to matters concerning Sri Lanka Cricket (SLC), after upholding several preliminary objections raised on behalf of the respondents at the very inception of the proceedings.
The matter came up for leave to proceed before the Supreme Court on December 17. At the outset, Dr. Romesh de Silva PC, appearing for the President of Sri Lanka Cricket (SLC) and other respondents, raised multiple preliminary objections, challenging the maintainability of the application.
Among the objections advanced were that the application disclosed a purely personal and private dispute, which could not be maintained by way of a fundamental rights application. It was further contended that the application suffered from non-joinder of necessary parties, the member clubs of SLC, was not filed within the stipulated time of one month, and that the Petitioner lacked locus standi to invoke the jurisdiction of the Supreme Court.
Following the raising of these objections, the petitioner supported his application, after which all counsel appearing for the respective respondents made submissions addressing the preliminary objections raised.
Having considered the submissions of all parties, the Supreme Court upheld the preliminary objections and dismissed the FR application, refusing leave to proceed. The petitioner, K. Mathivanan, was represented by Saliya Peiris PC.
Dr. Romesh de Silva PC, appearing with Niran Anketell and Wasanthakumar Niles, instructed by Sanjay Fonseka, represented the President of SLC and members of its Executive Committee. Upul Kumarapperuma PC, instructed by Thamodini Fernando, appeared for the SLC Election Committee.
For the Chief Executive Officer of SLC, Ashley de Silva, Kuvera de Zoysa PC led the representation, appearing with Shantha Jayawardena and Sajana de Zoysa, instructed by Sanjay Fonseka. Additionally, Chandaka Jayasundere PC, with Charaka Jayaratne, appeared for the 18th to 22nd respondents.
Ronald Perera PC, with Asela Rekawa, appeared for the 15th to 17th eespondents. Shivan Coorey, appearing with Chamath Surasena, represented the 23rd to 25th respondents, who are committee members of SLC, all instructed by Sanjay Fonseka. Damith Surasena appeared for the intervenient petitioners. Deputy Solicitor General Manohara Jayasinghe appeared for the Attorney General.