CA orders not to arrest Gihan Pilapitiya | Daily News


 

CA orders not to arrest Gihan Pilapitiya

The Court of Appeal yesterday issued an order not to arrest interdicted High Court Judge Gihan Pilapitiya without an order issued by a competent Court.

Court of Appeal Justice (President) A.H.M.D Nawaz and Justice Arjuna Obeysekera made this order pursuant to a writ petition filed by former

High Court Judge Gihan Pilapitiya who sought an order preventing the Acting IGP and his agents from arresting him regarding the controversial telephone conversations with former Deputy Minister Ranjan Ramanayake.

Senior Deputy Solicitor General Milinda Gunatilleke appearing for the Attorney General and Acting IGP submitted to Court that the Attorney General has given his advice to proceed with the judicial procedure in accordance with the provisions of the Criminal Procedure Code.

SDSG Gunatilleke further submitted to court that the Attorney General had given instructions to the Acting IGP to seek a warrant under Section 290 of the Criminal Procedure Code. He moved the Court to dismiss the petition in limine since the petitioner has failed to disclose relevant material facts pertaining to the petition.

President’s Counsel Romesh de Silva appearing for the petitioner denied the allegation that his client suppressed the material facts pertaining to the petition. He contended that the Attorney General has ordered to arrest High Court Judge Gihan Pilapitiya by that date itself, in accordance with the second letter issued by Attorney General to the Acting IGP.

Meanwhile, the Court was informed that the Acting IGP is following the Attorney General’s instruction in pursuing legal proceedings regarding this incident. President’s Counsel Faisz Musthapha appearing on behalf of the Bar Association of Sri Lanka (BASL) sought court’s permission to intervene into the petition in supporting the petitioner.

The petition was fixed for support on March 12.

The petitioner, former High Court Judge Gihan Pilapitiya is also seeking an interim order suspending operations of the direction of the Attorney General to the Acting IGP to cause his arrest regarding these controversial telephone conversations.

The former High Court Judge is also seeking an order in the nature of Writ of Certiorari quashing the direction of the Attorney General (2nd Respondent) to the Acting IGP (1st Respondent) to cause the arrest the Petitioner. In his petition, the Petitioner Gihan Pilapitiya states that he filed this Application in his personal capacity to safeguard his personal liberty as well as in the interest of preserving the independence of the Judiciary and the rule of law.

The Petitioner says he is a Judicial Officer having been appointed on the 1st January 2003 and up to the time of his interdiction, was serving as a Judge of the High Court of the Republic in Embilipitiya.

The Petitioner further stated that during his entire career as a Judge he served the country and its people without any fear or favour and dedicated himself for the cause of dispensing justice and upholding the law to the best of his ability.

The Petitioner states that while serving as a High Court Judge the police recovered several tape recordings from the premises of Parliamentarian Ranjan Ramanayake. The Petitioner states that one of such tapes related to a conversation between the Petitioner and the said Ranajan Ramanayake.

The Petitioner states that he received a letter dated 8th January 2020 from the Judicial Services Commission asking him to give explanation.

The Petitioner states that as per newspaper reports, the Judicial Services Commission (JSC) has recommended the interdiction of the Petitioner to the President. The Petitioner states that subsequently the President interdicted the Petitioner.

The Petitioner states that he is not guilty of any offence under law. The Petitioner states that it was in the public media that an Officer of the Attorney General’s Department known as herself the “Coordinating Secretary to the Attorney General” has stated that the Attorney General has directed the Petitioner to be arrested. The Petitioner states that it is reported in the press that the Attorney General has called for an explanation from the 1stRespondent to carry out the orders of the Attorney General to arrest the Petitioner.

The Petitioner states that it was reported in the press that the Attorney General is not satisfied with the explanation given by the Acting IGP.

The Petitioner pleads that in the circumstances there is a clear conflict of interest between the 1stRespondent and the 2nd Respondent. The Petitioner states that it is against the law to arrest the Petitioner. The Petitioner states that the Petitioner is unaware of any offence that he is alleged to have committed. The Petitioner states that there is no offence disclosed against him.

The Petitioner states that grave and irreparable harm and damage would be caused to him and the rule of law and the independence of the judiciary and the public and the judicial process and this application would be rendered nugatory if interim relief prayed for is not granted.

Romesh De Silva PC, M.U.M. Ali Sabry PC, counsel Sugath Caldera, Ruwantha Cooray and Niran Ankatel instructed by Sanath Wijewardane appeared for the Petitioner.

Senior Deputy Solicitor General Milinda Gunatilleke with SDSG Narin Pulle, DSG Dileepa Peiris and SSC Janaka Bandara appeared for the Attorney General.

 


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