A Fundamental Rights petition filed by Avant Garde Maritime Service (Pvt) Ltd Chairman Nissanka Senadhipathi seeking an Interim Order to prevent his arrest over a magisterial inquiry was yesterday fixed for support on June 19, by the Supreme Court.
Senadhipathi filed this petition challenging the magisterial inquiry on the alleged violation of the Firearms Ordinance and Explosives Act as set out in the B report submitted to the Magistrate’s court of Galle.
When the petition came up before Supreme Court three-judge-Bench headed by Justice Buwaneka Aluvihare, the matter was fixed for support on July 19.
In his petition, Senadhipathi cited IGP Pujith Jayasundara, CID Director SSP Shani Abeysekara, the Attorney General and 15 others as respondents.
The petitioner stated that the vessel MV Avant Garde was detained and taken control of by the Sri Lanka Navy in international waters. The weapons and ammunition on board MV Avant Garde belonging to the government of Sri Lanka entrusted to Rakna Arakshaka Lanka Limited (RALL) which is also a fully state owned entity which is under the purview of the Ministry of Defence.
The petitioner said there is no evidence whatsoever to indicate that the operations carried out between Avant Garde and RALL were tainted with any form of illegality.
The petitioner believes that the Police officers visited his residence with a view to asking him to come to the CID to record a statement.
The petitioner believes that no sooner the said statement is recorded, he will be arrested and taken into custody for the alleged violations of the provisions in the Firearms Ordinance and Explosive Act based on the ex-facie false and baseless allegations.
This petition had been filed through Counsel Sanath Wijewardena.
President’s Counsel Gamini Marapana with Counsel Navin Marapana appeared for the petitioner. Senior Additional Solicitor General Yasantha Kodagoda PC appeared for the Attorney General.
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