The case filed by Provincial Rugby Football Unions on Contempt of Court charges against Director General (DG) of the Sports Ministry Shemal Fernando, which was convened on Monday (24) was deferred to 2 April.
The Provincial Rugby Unions have filed the case against the Sports Ministry DG, who is also the Competent Authority (CA) for Sri Lanka Rugby (SLR), after the DG had reneged on his guarantee to Court to hold the Annual General Meeting (AGM) of SLR, on 21 January.
This was at a meeting attended by the Provincial Unions along with the DG and relevant stakeholders on 5 December 2024.
The Provincial Unions have stated in their petition, that at the said meeting, the Sports Ministry DG in his capacity as the CA for SLR, had called for the Special General Meeting (SGM) to be held on 20 December, 2024 in order to appoint the Election Committee of SLR.
The Provincial Unions stated that Shemal Fernando had issued a letter of appointment to the Election Committee dated 21 December of that year and subsequently he had issued notice for AGM of SLR to take place on 21 January, 2025.
The Petitioners have said that subsequently, the DG had issued a letter dated 18 January, 2025 to postpone the election of office bearers to SLR, based on the objection received from the President of Asia Rugby (AR) Quais Al Dhalai dated 8 January 2025.
The petitioners have told the Court that this letter received from the head of AR and entertained by the Competent Authority of SLR, has severely contravened the Articles of the Constitution of Sri Lanka Rugby.
They have further maintained that any such objection should only be entertained from an affiliated member of SLR and not from a third or outside party.
Therefore, the Provincial Unions have claimed in their petition, that this decision taken by the Director General of the Sports Ministry Shemal Fernando, to indefinitely defer the AGM of Sri Lanka Rugby, is tantamount to Contempt of Court charges.
The Court of Appeal on 31 January instructed the DG of the Sports Ministry, to appear before it on Monday (24 March), to explain his stance on the matter.
Meanwhile, the Provincial Unions reportedly boycotted a meeting that was convened by the DG of the Sports Ministry on 27 February, to resolve the ongoing legal issues related to rugby, citing sub-judice.
The letter sent to Fernando was also copied to the Sports Minister Sunil Kumara Gamage, Ministry Secretary Aruna Bandara, President of National Olympic Committee Suresh Subramaniam, head of National Sports Council (NSC) Priyantha Ekanayake and its members, by the Provincial Unions.
They had noted in the letter that if they were to present themselves at the meeting that was fixed last month, that too could be construed as Contempt of Court.
Hence the Unions had stated that they were not going to discuss or come to any arrangement related to a matter that is already under review before the second Apex Court in the land.
Sri Lanka Rugby currently stands suspended after its Council was dissolved by ex-Sports Minister Harin Fernando on 29 May, last year over its failure to hold its election of office bearers before the annual cutoff date 31 May.
World Rugby has currently granted Sri Lanka a four-month extension to amend its Constitution granting voting powers to majority A Division clubs and the deadline is due to expire in mid-June this year.
The petitioners were represented by ex- Member of Parliament President’s Counsel M. A. Sumanthiran, while the Attorney General’s (AG’s) Department looked into the interests of DG Sports Ministry Shemal Fernando.
Western Province Rugby Football Union, Eastern Province Rugby Football Union, North Western Province Rugby Football Union, Central Province Rugby Football Union, Uva Province Rugby Football Union and the Sabaragamuwa Province Rugby Football Union have petitioned the Court of Appeal.