Supreme
Court suspends lawyer for insulting Ikram Mohamed
A junior lawyer who drenched his one-time senior and President of
the Bar Association of Sri Lanka, Ikram Mohamed PC with milk was
this week suspended for four years from practising by Chief Justice
Sarath N. Silva.
The
Supreme Court issued a Rule against the young lawyer, M.R.M. Fazeen
from Kahatowita after he was found guilty of having insulted Mr.
Mohamed by throwing a packet of milk on his face at the Law Library
in Colombo. The incident occurred on October 9, 2002.
Mr.
Mohamed had alleged that the conduct of Mr. Fazeen was not only
unethical, reprehensible and unbecoming but also extremely "dangerous"
to the safety of the Members of the Bar. The matter came up before
a Bench comprising Chief Justice Sarath N. Silva, Justices Shiranee
Tilakawardane and Raja Fernando.
Counsel
for Mr. Mohamed had said that though Mr. Fazeen was willing to apologise,
the matter cannot be treated leniently. He said when the court called
for an explanation, Mr. Fazeen had accused Mr. Ikram Mohamed of
having sworn a false affidavit, and that Mr. Mohamed should be dealt
with for perjury.
In
his affidavit, Mr. Ikram Mohamed states that he was "shocked,
insulted and humiliated by this assault " and argued that Mr.
Fazeen had "committed assault as well as criminal force"
by throwing milk at him.
Mr.
Shanki Parathalingam PC, Mr. J.E.P. Deraniyagala PC, Mr. Harsha
Amarasekera and Mr. Ali Sabri Attorneys-at-Law had been eye-witnesses
to this "assault".
Mr.
Fazeen in reply to the complaint, said that the affidavit of Mr.
Mohamed had been drafted with a mala fida intention to bring disrepute
to his character and tarnish his image as a lawyer. He stated that
he had once questioned the appointment of the late Minister M.H.M.
Ashraff as a President's Counsel saying that there were other deserving
lawyers who should have been appointed instead. This had a "direct
impact" on Mr. Ikram Mohamed being appointed a President's
Counsel, he added.
Mrs.
A.C.S. Devapura, Counsel for Mr. Fazeen submitted that her client
was a junior member of the profession, had acted through emotion
and was accepting the charge.
Mr.
Romesh de Silva PC., appeared with Ms. Anoma Gunatilleke, G.G. Arulpragasam
and Sugath Caldera for the Bar Association (BASL). Senior State
Counsel Parinda Ranasinghe appeared for the Attorney General who
endorsed the submission made by Mr. de Silva PC. |