In view of submissions and consent of both lawyers of former Defence Secretary Gotabhaya Rajapaksa and the Attorney General, the Court of Appeal yesterday ordered to continue an order preventing Gotabhaya Rajapaksa being arrested 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.
Court of Appeal (President) Preethi Padman Surasena and Justice Arjuna Obeysekara made this order pursuant to a writ petition filed by Gotabhaya Rajapaksa.
Accordingly, the order issued by the Court of Appeal dated April 5, 2016 preventing Gotabhaya Rajapaksa being arrested, will prevail without any time bar.
The Court of Appeal observed that the certificate issued under the Public Property Act would not be operative against Gotabhaya Rajapaksa and no further certificates under the offences of Public Property Act would be filed against him in respect of this subject matter of this case in any proceedings.
The Court was informed that in view of the aforesaid circumstances, former Defence Secretary will present himself before the FCID to make a statement on June 25.
The court was further informed that Gotabhaya Rajapaksa will appear before the Magistrate’s Court upon notices issued by a Magistrate.
President’s Counsel Romesh de Silva appearing for the former Defence Secretary and the Additional Solicitor General who appeared for the Attorney General informed Court that both parties agreed to take a common stand regarding this issue.
On a previous occasion, the Court of Appeal had 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.
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 Gotabhaya Rajapaksa.
Additional 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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