By K.T.Rajasingham Colombo, 06 September,ƒÆ’-¡ƒ”š‚ Asiantribune.com

The contempt of court case filed against Minister Rishad Bathiudheen came up for the first time yesterday at the Court of Appeal in Colombo and the preliminary objections were raised by the Senior Presidential Counsel Faaiz Mustapah.

He pointed out that there cannot be a rule against the respondent and no solid evidence has been placed by the petitioners in their petition, but the presiding judge who is also the President of the Court of Appeal overruled the objections and thereupon fixed the matter for 13th of February 2013.

The case against Minister Rishad Bathiudheen came up before 2- bench of Appeal Court judges ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” Justice Sriskantharajah and Justice Mrs. Deepani Wijesundara.

Senior Presidential Counsel who appeared for Minister Rishad Bathiudheen took up three preliminary objections.

The first was that the first charge was vague. There was no evidence to support the claim that the Minister called and abused the Magistrate. The second objection was that the manner in which contempt was committed was not described. The third charge was that the petitioner had no basis to come before the Court of Appeal.

The Court of Appeal overruled all three objections, saying that police statement, provided by the Magistrate, with the petition provided ample evidence to show that there was a prima facia case in relation to charges (1) and (2), and that summons could be issued on Bathiudeen. The Court also said that the affidavit of the JSC Secretary provides prima facia evidence to issue summons on the first respondent Minister in relation to charge (3).

Subsequently, Faiaz Mustapha PC, told the Court that he would file a leave to appeal application against the order in the Supreme Court. The Court of Appeal said “he may@.

The preliminary objections raised by Senior Presidential Counsel Faiaz Mustapah were rejected by judges and requested the respondent to plead to the charges issued by the Court.

Minister Rishaf Bathiyutheen has been charged on three counts. The first charge is telephoning Mannar Magistrate Anthony Judeson on July 17, 2012 and attempting to interfere with a judicial order.

The second charge is that the accused Minister again called the same Magistrate on July 18, 2012 in respect of the same issue. The third charge is that subsequently Bathiudeen telephoned the Secretary to the Judicial Service Commission and demanded that the Magistrate be transferred out of Mannar.

The charges were read out to theƒÆ’-¡ƒ”š‚ respondentƒÆ’-¡ƒ”š‚ asked to plead.

The charges were read out to Minister Bathiyutheen in open Court, in Tamil, at his request, as he claimed that he would understand the charges well only if they were read out in Tamil and thereupon Justice Sriskandarajah translated the charges into Tamil.

Subsequently, the respondent pleaded ‘not guilty’.

In the meantime, there were four intervention petition before the Court. They are from the ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…”

1. Sri Lanka Bar Association

2. Akkaraipattu Bar Association

3. Kalmunai BarƒÆ’-¡ƒ”š‚ Association

4. Mannar Al Azaar Fisheries Cooperative Society

The court ordered that the applications can be heard on the coming 22nd November.

Earlier the 7 lawyers filed thev petition and they are – President’s Counsel Geoffrey Alagaratnam, Dr. Sunil F.A. Cooray, Lal Wijenayake, Chandrapala Kumarage, President of the Mannar Bar Association E.C. Feldano, President of the Galle Law Association Nalini Karmalika Manatunga and President’s Counsel A.S.M Perera.

The petitioners have stated that the respondent had attempted to thwart the course of justice by attempting to intimidate the Magistrate and attempted to alter the order already made.

They also alleged that the respondent had called the Secretary of the Judicial Services Commission and requested that the Magistrate A. Judeson be transferred from Mannar.

Romesh de Silva PC, appeared with JC Weliamuna Saliya Pieris, Sugath Caldera and Vijraj de Silva for the petitioner lawyers.

Respondent Minister Rishad Bathiyutheen was represent by the Senior Presidential Counsel Faiaz Mustappah and by Gamini Marapona P.C., Palitha Kumarasinghe PC, Razik Zarook P.C., Anura Medagodda P.C., Gazali Hissain, Faizer Mustappah, Kushain De Alwis, Kuvera De Zoysa, Kalinga Inda Tissa, N.M. Saheed, Hejaaz Hisbullah, Nishami Godalawatter and few others