Ravi files writ petition challenging arrest warrant | Daily News


 

Ravi files writ petition challenging arrest warrant

Former Finance Minister Ravi Karunanayake yesterday filed a writ petition in the Court of Appeal seeking an interim order staying the execution of the order made by Colombo Fort Magistrate, issuing a warrant of arrest against him in connection with the issuance of Treasury Bonds in March 2016. When the petition came up before the Court of Appeal two-judge-bench comprising Justice (President) A.H.M.D. Nawaz and Justice Arjuna Obeysekara matter was fixed for support today (11).

President’s Counsel Faiz Mustapha appearing for the petitioner Ravi Karunanayake told court that his client is seeking an interim order staying the execution of an arrest warrant issued by Colombo Fort Magistrate.

Meanwhile, Senior Deputy Solicitor General Milinda Gunatilleke appearing for the Attorney General raised objections for issuing an ex-parte order since the respondents have not received notices regarding the petition. Accordingly, the petitioner was directed to hand over notices on the respondents and fixed the petition for support today (11).

The petitioner further sought a writ of prohibition restraining Acting IGP and CID from executing the concerned arrest warrant. Ravi Karunanayake further sought a writ of certiorari quashing the instructions made by Attorney General to obtain an arrest warrant against him on March 3.

In his petition, Ravi Karunanayake has named Attorney General, Acting IGP C.D. Wickramaratne, SSP Ampavila, Fort Magistrate Ranga Dissanayake and OIC attached to the Financial Investigation Unit of CID as respondents.

This petition had been filed through counsel Gowry Shangary Thavarasha.

The petitioner stated that he is a fellow of the Chartered Institute of Management Accounts (FCMA) since December 1994 and a fellow of the Institute of Certified Management Accounts (FCMA) since June 2009. He further said that he entered Sri Lankan politics in 1988 under the guidance and leadership of late Lalith Athulathmudali PC.

He reiterates that Bond Commission appointed to investigate Treasury Bond issuance never questioned the petitioner regarding the meeting held on March 28, 2016 and March 30, 2016 and any alleged link between the said meetings and the lease of the apartment.

The petitioner said the instructions given by the Attorney General dated March 3, 2020 was issued within a few hours of the dissolution of Parliament on March 2,2020.

Ravi Karunanayake stated that the communication issued by the Attorney General is in excess of the powers conferred on the Attorney General under and in terms of Section 393(3)(b) of the Code of Criminal Procedure Act. The petitioner said the communication issued by Attorney General deprives the petitioner of a fair and impartial inquiry.

The petitioner further complained that Colombo Fort Magistrate did not allow his counsel to make a submission against the arrest warrant during the magisterial inquiry in contravention to the rules of natural justice and the provisions contained in the Judicature Act.

The petitioner further stated that the petitioner has learnt that Colombo Fort Magistrate in another case (B/8266/2018) which related to the issuance of Treasury Bonds forming the subject matter of the Bond Commission recused himself on November 8, 2018 from hearing the same when it was brought to his notice by the counsel for the prosecution including State Counsel Udara Karunatilake who appeared for the prosecution on March 4, 2020 that the Fort Magistrate’s wife is working at the Central NBank of Sri Lanka, making it inappropriate fort the Magistrate to continue hearing the case and referred the case to the Judicial Service Commission to nominate another Magistrate to hear the case.


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