CA stays action against Gota till Dec.6

Published : 9:10 am  November 30, 2017 | No comments so far |  |  (287) reads | 

Public Property Act: 

 

htyjBy S.S. Selvanayagam 

 
The Court of Appeal yesterday issued an interim order valid till December 6, preventing the Police and the FCID from acting against Gotabaya Rajapaksa in connection with the case filed in the Magistrate’s Court under the Public Property Act.   

 

The Bench comprising Justices L.T.B. Dehideniya (President/CA) and Shiran Gooneratne also issued notices on the respondents returnable for December 6.   


The Court observed that it was a commercial transaction and that there was no element of the offence of dishonesty under the Penal Code and as such the B Report was wrong.   


The petitioner stated that the D.A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Reclamation Department to construct a monument at Medamulana in Weeraketiya but there was no written contract.   


When the matter was taken up yesterday, Additional Solicitor General Dilrukshi Wickramasinghe appearing for the Attorney General informed Court that they had received no notice and became aware of the matter from media reports.   

 

The petitioner stated that the D.A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Reclamation Department to construct a monument at Medamulana in Weeraketiya but there was no written contract


She told Court that it had been an ex-parte hearing and as such she be given a hearing under the Court of Appeal (Appellate Procedure ) Rules 1990 of Part I Sections 2 and 7. Romesh de Silva PC appearing for the petitioner said the decision on the interim order and the issuance of notices were reserved for yesterday and reserved Court to deliver the order.   


 The petitioner in his application filed last Friday cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, FCID DIG Ravi Waidyalankara, ASP Kamal Palihakkara and the Attorney General as respondents.   


Romesh de Silva PC with Ali Sabri PC, Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the petitioner who is seeking Court to quash the report filed under the offences against the Public Property Act.   


The petitioner is also seeking Court to prevent the respondents from proceeding with the report filed against him.