<b>SLFP prevented from suspending Fowzie</b>

Kesara Abeywardena of The Island

The Colombo District Court on Tuesday issued an enjoining order preventing the Sri Lanka Freedom Party from suspending PA MP A. H. M. Fowzie as a member of the party based on the "show cause" letter sent by President Chandrika Kumaratunga, until a full inquiry is conducted.

Colombo Additional District Judge L. S. Abeyratne made the enjoining order on a petition filed by MP Fowzie. The order prevents all members of the SLFP including Senior Vice Presidents of the party Ratnasiri Wickremenayake and D. M. Jayaratne, their servants, agents and all those acting under and through them and the SLFP from suspending MP A. H. M. Fowzie as a member of the SLFP on the basis of the purported show cause letter or on any other ground without a full and formal inquiry being held by the Central Committee in accordance with the constitution of the SLFP.

President’s Counsel Romesh de Silva and Harsha Amarasekera instructed by Sudath Perera Associates appeared for MP A. H. M. Fowzie.

Meanwhile replying the "show cause" letter of President Chandrika Kumaratunga, MP Fowzie has pointed out that the President on several occasions had pursued the formation of a national government. He states that there is no policy of the SLFP against the formation of a "National Government."

The reply of MP Fowzie to President Chandrika Kumaratunga said:

Your letter is vague and is not specific. Thus prior to answering the alleged charge details as to when the alleged statements were made as well as details of the public gathering and to which media they were uttered to must be furnished.

In any event, and without prejudice to the above there is no decision and/or policy of the SLFP to the effect that there should not be a National Government. If you however state that there is such a decision or policy kindly state when and where such decision was taken or policy laid down, and kindly furnish me with documentary proof.

However in truth and in fact, the converse in the case; you assumed, to my knowledge, Executive Presidency on the 8th November 1994. Since then you have openly advocated the formation of a National Government, and towards the middle of 2001, you initiated discussions with the UNP for the formation of a National Government and in fact discussed among other things, the allocation of portfolios. You consented to Ranil Wickremesinghe being the Prime Minister. However, the formation of a National Government fell through at that time principally because of your avowed opposition to having G. L. Pieris and S. B. Dissanayake in the Cabinet, based on a matter of personal prejudice/dislike, and not as a matter of policy.

Thus to say the SLFP is opposed to the formation of a "National Government" is far from the truth.

In any event in the circumstances of this matter you have no power to act in terms of Section 14 (viii) of the Party Constitution.

Furthermore, you should not even attempt to act in terms of that section because of the personal animosity you bear against me, in this matter you cannot be the prosecutor and the judge in the same case.

It is strange that the letter under reference has been signed by you and not by the General Secretary as is the practise of the party. This seems a futile attempt to take cover under Article 35 of the Constitution of the Democratic Socialist Republic of Sri Lanka which in this instance is in any event not applicable.

In the circumstances,

(a) there is no policy of the SLFP against the formation of a "National Government";

(b) you have failed to specify when the alleged statements were made by me; as well as to which public gathering and to which media;

(c) you have no power in the circumstances of this case to act under Section 14 (viii) of the Party Constitution;

(d) In any event since you have personal animus against me in this matter you should not in any event cannot act under Section 14 (viii).

I have always acted in the interest of the party and country and its people and will never sacrifice my principles for political expediency.

In the circumstances, I trust that this matter will now end.

Courtesy - The Island