Lawyer Gamini Perera raised preliminary objection in the contempt of the Court of Appeals applications against Dr. Anuruddha Padeniya, the president of the Government Medical Officers Association for issuing summons on his on the basis was called before the Court of Appeal.
He argued that by the issuance of the summons, his client, had been considered guilty before the trial. There was no presumption of innocence. The law barred that. The rule issued on Dr. Padeniya should be discharged.
Upul Jayasuriya, PC in his reply pleaded that the judges may issue summons and give the accused a chance to defend himself. The Court of Appeal had earlier decided that there could be a prima facie contempt case, and given the accused a chance to defend. The accused may urge the Court to re-call the summons. But, now that stage was passed. Summons was issued by Justice Malalgoda and Justice, Thurairajah at an earlier hearing.Now, the accused should defend.
He continued that the accused had made statements, at a public rally, demeaning the Court of Appeal, when he referred to the Court of Appeal, judgement of January 31, 2017 which made a mandatory order on the Sri Lanka Medical Council to provisionally register as government medical officers, the graduates of south Asian Institute of Medicine and Technology, Malabe.
Gamini Marapana, President’s Counsel appeared with Navin Marapana for Dr. Padeniya. Upul Jaysuriya PC, appeared for the petitioner ‘The Puravasi Balaya’ which has complained against Dr. Padeniya.
Court ordered both parties time till Sept. 8, to file written submission on preliminary objections.
The bench comprised Justice L. T. B. Dehideniya and Justice Shiran Guneratne.