Following an inter-parte hearing into a writ petition filed by former Defence Secretary Gotabhaya Rajapaksa, the Court of Appeal yesterday further extended until May 26, an Interim Order preventing police from acting against Gotabhaya Rajapaksa under the Public Property Act over a complaint that the D.A. Rajapaksa Museum and Memorial in Medamulana was built using public funds amounting to Rs.90 million.
However, this order will not make an impact on Police investigations in respect of other aspects which does not come under the Interim Order.
The Court upheld the petitioner’s version that the certificate issued under Section 8(1) of the offences against the Public Property Act is ultra vires or violative of petitioner’s legitimate expectations.
The Court of Appeal Bench comprised Justice (President) Preethi Padman Surasena and Justice Shiran Goonaratne.
The respondents were directed to file their objections against the petition on April 23. The petitioner was directed to file his counter objections against the respondent’s objections on May 14. The matter was fixed for argument on May 25.
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 under the instructions of Counsel Sanath Wijewardena appeared for Gotabaya Rajapaksa.
Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitor General Dilan Ratnayake and Senior State Counsel Udara Karunatilleka and SSC Nirmalan Vigneshvaran appeared for the Attorney General.
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