Sports Ministry barred from interfering into rugby administration by CoA
The Court of Appeal issued an Interim Order preventing Sports Authorities from interfering with the administration and affairs of Sri Lanka Rugby (SLR), effective until the final determination of the writ petition.
It is unclear if the Interim Order allows the elected SLR administration to officially resume duties, replacing the Stabilisation Committee, headed by Chula Dharmadasa, appointed by the Minister of Sports.
The Court of Appeal’s two-judge-bench, comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar, granted the Interim Order as pleaded by the petitioners under prayer (d) of the petition. The Interim Order restrains the Minister of Sports, the Secretary of the Ministry of Sports and the Acting Director General of Department of Sports Development and their agents from interfering with the administration and other affairs of SLR, following a writ petition filed by SLR.
The registrar of the Court of Appeal was further directed to serve a copy of the Interim Order to Minister of Sports, Roshan Ranasinghe, the Secretary of the Ministry of Sports and the Acting Director General Department of Sports Development with immediate effect via telephone, fax, email, courier service, and its cost to be charged by the respondents.
Prayer (d) of the Writ Petition, which was granted by the Court of Appeal states ‘Issue and interim order restraining the 1st to 3rd Respondents and or their Officers/agents from interfering with the administration and other affairs of the SLR, until the final determination of this application by Your Lordships’ Court’.
However without granting the prayer (c), it is unclear which party the Interim Order allows to operate – the elected SLR administration under Rizly Illyas, which was suspended by the Minister of Sports, or the Stabilisation Committee appointed by the minister in replacement. The prayer (c) states ‘Issue an interim order suspending the operation of the said Order P24 by the 1st Respondent and appearing in the Government Gazette bearing No. 2327/07 dated 11.04.2023, until the final determination of the application’. This was the Gazette Notification issued to suspend the Illyas led SLR and appoint the Stabilisation Committee headed by Dharmadasa.
Dr. Faisz Musthapha PC, Counsel Keerthi Tillekaratne, Attorney at Law Panduka Keerthinanda appeared for the petitioners. Senior Additional Solicitor Sumathi Dharmarathna PC appeared for the Sports Minister. Uditha Igalahewa PC appeared for the 4th to 12th Respondents. Faizer Musthapha PC appeared for the Intervient Petitioner.
Meanwhile the Asian Rugby Football Union (ARFU), on Thursday, announced that it has upheld its suspension of the elected SLR President Illyas after his appeal was dismissed by an Appeal Panel, headed by the President of Kazakhstan Rugby President Aigul Jartybayeya, The ARFU Appeal Committee consisted of Jeffry Chang, the President of Chinese Taipei Rugby Football Union and David Boyton, the Judicial Officer from Hong Kong.
“Mr. Illyas was found guilty on charges of breaching Asia Rugby’s Code of Conduct by the Asia Rugby Executive Committee based on a thorough investigation by a Judicial Officer. Mr. Illyas was given the opportunity to appeal, and the appointed Appeal Panel dismissed the appeal after comprehensive evaluation,” a statement issued by ARFU said, adding that Illyas’ expulsion from ARFU will be binding until the end of the current Asia Rugby Council term.