Court extends Interim Order on Gota’s writ petition | Daily News

Court extends Interim Order on Gota’s writ petition

The Court of Appeal (CA) yesterday further extended until February 28 its Interim Order preventing police from acting against former Defence Secretary Gotabhaya Rajapaksa under the Public Property Act regarding a Magistrate’s Court inquiry.

A two-judge-bench comprising then Court of Appeal (President) Justice Preethi Padman Surasena and Justice Shiran Gunaratne extended this Interim Order preventing the police from acting under the Public Property Act against Rajapaksa on Galle Magistrate’s Court inquiry over a complaint that the D. A. Rajapaksa Museum and Memorial in Medamulana was built using public funds amounting to Rs. 90 million.

Meanwhile, President’s Counsel Romesh de Silva appearing for Gotabhaya Rajapaksa informed the court that his client is ready to face charges or indictments under the Public Property Act if investigations found sufficient materials to do so. However, Silva said his client is objecting police attempt to remand him based on a report submitted by an Assistant Superintendent of Police under the Public Property Act.

Deputy Solicitor General Viraj Dayaratne appearing for the Attorney General told Court that he would seek Attorney General’s advice regarding these developments and the matter was fixed for February 27.

On November 29, 2017, the Interim Order was issued on the basis of an ex parte proceeding by a two-judge-bench comprising then Court of Appeal (President) Justice L.T.B. Dehideniya and Justice Shiran Gunaratne. This is pursuant to a writ petition filed by Gotabhaya Rajapaksa.

The Court had upheld Rajapaksa’s version that the certificate issued under Section 8(1) of the offences against the Public Property Act is ultra vires or violative of his legitimate expectations.

Rajapaksa cited IGP Pujith Jayasundara, CID Director Shani Abeysekara, FCID Director Ravi Waidyalankara and the Attorney General as respondents.

Rajapaksa also seeks an order in the nature of a writ of prohibition preventing the respondents from proceeding or relying upon the certificate filed under and in terms of Section 8(1) of the offences against the Public Property Act against him.

President’s Counsel Romesh de Silva with Ali Sabry PC, Counsel Sugath Caldera and Ruwantha Cooray under the instructions of Counsel Sanath Wijewardane appeared for Rajapaksa. Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitor General Dilan Ratnayake, Senior State Counsel Udara Karunatilleka and SSC Nirmalan Vigneshvaran appeared for the Attorney General.


 

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