- SLR Competent Authority set to expedite overdue AGM
The Court of Appeal yesterday (20) threw out a Contempt of Court case filed against the Sports Director General (DG) Shemal Fernando, over his alleged failure to conduct elections for Sri Lanka Rugby, as per an agreement previously reached before the Colombo District Court.
Delivering its order, the second Apex Court, comprising Justices Acting President of the Court of Appeal Mohamed Lafar Tahir and Priyantha Fernando, also instructed the withdrawal of the contempt charges against the DG concerned.
The Sports Ministry DG also functions as the Competent Authority (CA) for the dissolved Council of Sri Lanka Rugby (SLR), since May 2024.
The decision was announced following submissions made by Additional Solicitor General (ASG) Sumathi Dharmawardena, who appeared on behalf of Attorney General (AG) Parinda Ranasinghe Jnr.
Dharmawardena argued that the petitioner had secured the contempt notice based on misleading and legally flawed representations.
He maintained that the contempt rule had been based on misrepresented facts and breached the principle of ‘uberrima fides’.
During a previous hearing, Dharmawardena informed the Court that the DG of Sports had merely given an undertaking to appoint the necessary committee to conduct elections for SLR, and that this commitment had been duly fulfilled.
He added that the DG had complied with the undertaking by calling the Special General Meeting (SGM) for SLR and forming an election committee.
Citing these facts, the ASG requested that the contempt charge be dropped against Fernando, maintaining that there was no deliberate non-compliance or defiance of Court orders.
After reviewing the submissions, the Bench concluded that there were no grounds to proceed with the contempt of court case and ordered its rejection. Court also directed that proceedings related to the case be concluded.
The original petition had been filed by a group of sports associations-Provincial Rugby Football Unions, with President’s Counsel M.A. Sumanthiran representing the petitioners.
When contacted DG Fernando stated that in the aftermath of the Court’s dismissal of the contempt inquiry against him he will coordinate matters with Sports Minister Sunil Kumara Gamage to expedite the holding for the long delayed AGM for Sri Lanka Rugby.
He added that already both World Rugby (WR) and Asia Rugby (AR) have officially conveyed both to him and the subject Minister to guarantee the two world bodies of the Ministry’s plans to amend the SLR constitution and hold fresh elections before this Friday (23).
According to Fernando, both WR and AR had brought forward the original deadline from 15 June in order to facilitate Sri Lanka’s participation at the Asia Rugby Top 4 Series in June-July.
(JK)