Supreme Court overturns red light to green
The publisher of the new newspaper Mawbima
got relief from the Supreme Court yesterday to go ahead with the
first issue of the paper as scheduled.
Bench comprising Chief Justice Sarath N. Silva, Justices Raja Fernando
and Andrew Somawansa made an interim order staying the effect of
the enjoining order issued by the Colombo Commercial High Court
preventing the printing and publishing of the new newspaper.
interim order is operative till July 17. While issuing the interim
order, the Supreme Court observed that on the face of the plaint,
it was proved without doubt that plaintiff in the High Court had
not published the said newspaper for about 10 years.Court also noted
that the plaintiff was not the registered owner of the newspaper
with the title Mawbima. The court took into account that the petitioner
had spent substantial amounts of money for launching the newspaper,
scheduled to be held yesterday.
court observed that if the interim order was not granted by staying
the operation of the enjoining order, irreparable loss and damage
would be caused to the petitioner.
plaintiff, Weliwita Arachchige Dharmadasa, member of the Communist
Party in his plaint to the High Court cited Basnayake Mudiyanselage
Dushiyantha Bandara Basnayake as the defendant, claiming that using
the title Mawbima, the Communist Partys official
newspaper since September 1950, was a violation of the plaintiffs
and his partys intellectual property.
Colombo Commercial High Court on Thursday issued the enjoining order
preventing the printing and publishing of the said newspaper.
aggrieved by the enjoining order by the High Court, the petitioner
on the same day filed application for leave to appeal against that
order. The matter was taken up yesterday.
Counsel Romesh de Silva with Sugath Caldera instructed by G.G. Arulpragasam
appeared for the defendant-petitioner Bandara Basnayake.