Executive too is bound to obey court order.! President can only implement while raising standard of medical education –legal luminary

(Lanka-e-News-14.Feb.2017, 11.30PM)  Every citizen of the country who is aggrieved or is a victim of  injustice  has a right to seek redress via the courts and not via the executive . The SAITM  students sought court redress duly therefore  , and the court after hearing all sides delivered its verdict duly . Hence the Executive is bound to carry out  the court order duly, while  the only thing the executive  can do of his own accord  is raise the standard of medical education and introduce ways and means towards that end  . Hence he cannot act unheeding  the  court order , a senior eminent lawyer revealed to Lanka e news . 

This revelation was made by the senior lawyer when Lanka e news inquired from him about the statement purportedly made by the president following the discussion held by Padeniyas , Soysas, their terror organization , and another association of Dental doctors with the president .

The president has told ,   the proposals and recommendations made by all the parties shall be submitted to  the special committee of experts appointed by the president . Thereafter based on the recommendations made by this committee , the president will take a final decision .

The opinion expressed by the senior legal luminary pertaining to these developments is : The president cannot in any case act in transgression of the court order. All what the president can do while implementing the decision of the court is register the SAITM Institution and  raise  the standard of medical education . Moreover ,in case  the appeal court decision is subjected to a review of  the Supreme court (SC) by the medical board ,the ultimate decision which will prevail is that of the SC , and not president’s, the senior lawyer emphatically pinpointed. 

The senior lawyer  repudiated the false statements made by Padeniyas and Soysas (who have broken  world records in lying) , and their terror organization -GMOA that they were not given an opportunity to be a party to the case aforementioned . He  pointed out  , three members have been  appointed to the medical board by the Padeniyas’ GMOA , and  since  the medical board was involved in the case , ipso facto means the GMOA is a party to the case. 

Profesor Carlo Fonseka the president of the medical council who gave evidence in the case revealed to the media , ‘irrespective of the decision delivered by the court the students will not be registered.’  This self centered obstinacy alone demonstrates the fanatical propensity  and their extremist stance, that  they are not ready to obey the  sacrosanct  laws of the country  , and prefer to act like the terrorists ,  the legal luminary  observed.

The laws of the country permits to remove the president of the medical council who is refusing to abide by the laws (an outlaw) , and replace him with another . Since that power is vested in the minister of health , he should take the crucial decision, the senior lawyer elaborated.

Meanwhile , the minister of higher education speaking to the media lamented , it is the medical council that should be blamed  owing to  its recalcitrant attitude  and obstinate conduct imitating a  stubborn mule. 

When the medical council was made a most justifiable request to permit  the graduates passing out from SAITM to sit the exam conducted by the medical council , and register those who are successful , the council rejected that too. The SAITM students went to courts only thereafter . Now that the sacrosanct court has delivered a verdict , everyone must abide by  that decision . If not that will be tantamount to committing contempt of court , Kiriella clearly  explained. 

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by     (2017-02-14 19:27:07)