CA extends Interim Order till Dec. 15

Published : 9:06 am  December 7, 2017 | No comments so far |  |  (27) reads | 

Preventing action against Gota

 

 

Untitled-1By S.S. Selvanayagam  

Court of Appeal yesterday (06) extended the Interim Order till December 15 preventing the FCID from acting against  former Defence Secy. Gotabaya Rajapaksa. 

The Bench comprising Justices .T.B.Dehideniya (President/CA) and Shiran Gooneratne fixed the inquiry for December 15.  Deputy Solicitor General Viraj Dayaratne submitted that the Interim Order was obtained ex parte while the notice was not issued.  


He stated: the Interim Order was given because of the urgency. There was suppression and misrepresenting of the material facts.  Romesh de Silva PC maintained that notices were sent and he has filed objection yesterday (6) morning. He said that the matter could be decided on the next date.  


Deputy Solicitor General said: Under objection, I am agreeing for the next date.  The Court on November 29 issued the Interim Order till December 6 observing that it was a commercial transaction and there is no element of the offence of dishonesty under Penal Code and that the said B Report is ex facie (evidently on the face of it) wrong.  


Petitioner has stated that the D.A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Reclamation Department for the construction of a monument at Madamulana Weeraketiya. He also has stated that there was no written contract.  When the matter was taken up on November 29 for granting of Interim Order and issuance of Notices, Additional Solicitor General Ms Dilrukshi Wickramasinghe appearing for the Attorney General brought to the cognizance of the Court that they have no notice and they came to be aware of the matter from the media reports.  

 

The Court on November 29 issued the Interim Order till December 6 observing that it was a commercial transaction and there is no element of the offence of dishonesty under Penal Code 


She pleaded to Court that, it had been a ex parte hearing and in the circumstances she be heard in accordance with the Court of Appeal (Appellate Procedure ) Rules 1990 of Part I Sections 2 and 7.  Petitioner Gotabaya Rajapaksa in his application cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, Financial Crimes Investigation Division DIG Ravi Waidyalankara, ASP Kamal Paliskara and the Attorney General as Respondents.  


Romesh de Silva PC with Ali Sabri PC and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner.   Petitioner is seeking the Court to Quash the Certificate (namely B Report – summary report or information to Court by Police) purportedly filed under the offences against the Public Property Act.  He is also seeking the Court to prevent the Respondents from proceeding and/or relying upon the said Certificate filed against him.   He is asking the Court to prevent the Respondents from relying upon the said Certificate and/or other Certificate to be issued under the said Act in the Magistrate’s Court Case bearing Number B 60485/4/15 until the hearing and final determination of his application.