CA dismisses Gota’s revision and writ petitions | Daily News

CA dismisses Gota’s revision and writ petitions

A revision and a writ applications filed by former Defence Secretary Gotabhaya Rajapaksa challenging an order made by Permanent High Court-at-Bar to reject his Preliminary Objection against the D.A. Rajapaksa Museum case were yesterday dismissed by Court of Appeal.

The Court of Appeal two-judge-bench comprising justice Achala Wengappuli and Justice Arjuna Obeysekera ordered to dismiss these two petitions in-limine. The Court of Appeal observed that in terms of the section 12B of Judicature Act, the Permanent High Court-at-Bar cannot be considered as a Court of first instance. Accordingly, the Court of Appeal ruled that it has no jurisdiction to hear these two petitions.

On February 11, the Permanent High Court-at-Bar decided to overrule preliminary objections raised by Gotabhaya Rajapaksa and six others in connection with the D. A. Rajapaksa Museum case citing that the Permanent High Court-at-Bar has jurisdiction to hear this case. Gotabhaya Rajapaksa had filed a revision and writ applications in the Court of Appeal seeking an order to set aside this order issued by Permanent High Court-at-Bar.

The Attorney General had raised objections against these two petitions citing that applications relating to the orders issued by Trial-at-Bar bench should be referred to the Supreme Court instead of filing them before Court of Appeal.

The Court of Appeal yesterday upheld the Attorney General’s version regarding the court jurisdiction and decided to dismiss two petitions without costs.

The Attorney General had filed Indictments against seven accused, former Defence Secretary Gotabhaya Rajapaksa, members of the director board of Land Reclamation and Development Corporation (LRDC) Chairman Prasad Harshan de Silva, Bhadra Udulawathi Kamaladasa, Sudammika Kheminda Artigala, Saman Kumara Abraham Galappatti, Devage Mahinda Saliya and Srimathi Mallika Kumari Senadheera under seven counts for allegedly misappropriating LRDC funds of Rs.33.9 million.

President’s Counsel Romesh de Silva under the instructions of counsel Sanath Wijewardane appeared for Gotabaya Rajapaksa.

Additional Solicitor General Priyantha Nawana PC with Senior Deputy Solicitor General Milinda Gunatilleke and State Counsel Udara Karunaratne appeared for the Attorney General.


 

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