Ravi has not come with clean hands - AG | Daily News


 

Ravi has not come with clean hands - AG

The Attorney General yesterday submitted to Court of Appeal that former Finance Minister Ravi Karunanayake has not come with clean hands to the Court and, therefore, he cannot invoke writ jurisdiction to prevent being arrested in connection with the issuance of Treasury Bonds.

Senior Deputy Solicitor General Milinda Gunatilleke appearing for the Attorney General made these remarks while presenting preliminary objections against writ petitions filed by Ravi Karunanayake and three others who sought an Interim Order to stay arrest warrant issued against them by Colombo Fort Magistrate. “‘The warrant has been issued for committing cognizable offences such as market manipulation when issuance of Treasury Bonds in March 2016.

The issue of biasness on the part of Magistrate as questioned by the petitioner should have been raised during the magisterial inquiry. The Magistrate could have considered his recusal if this matter was raised during the magisterial inquiry,” Gunatilleke said.

Senior Deputy Solicitor General denied the petitioner’s claim that Colombo Fort Magistrate had acted in a biased manner.

The petitioner Ravi Karunanayake alleged that Colombo Fort Magistrate in another case (B/8266/2018) which related to the issuance of Treasury Bonds had recused himself on November 8, 2018 from hearing the same when it was brought to his notice the Fort Magistrate’s wife is working at the Central Bank of Sri Lanka, making it inappropriate for the Magistrate to continue hearing the case and referred the case to the Judicial Service Commission to nominate another Magistrate to hear the case.

“There is no bias on the part of the Magistrate. If they are claiming such a thing, it should have been raised on that occasion. The petitioner has not come before Court with clean hands. He had ample time to make a request regarding the Magistrate’s recusal. Therefore, the petitioner cannot invoke writ jurisdiction from Court of Appeal,” the SDSG Gunatilleke said.

In his preliminary objections, the Attorney General moved court that the notices be refused in limine.

President’s Counsel Faiz Mustafa appearing for the petitioner Ravi Karunanayake informed court that Colombo Fort Magistrate did not allow Ravi Karunanayake’s lawyer Rienzie Arsecularatne PC to make submissions against the arrest warrant during the magisterial inquiry in contravention to the rules of natural justice and the provisions contained in the Judicature Act. Mustafa informed court that the entire process of issuing warrant had been totally done without the jurisdiction. He said there is a mala-fide of preventing his client from engaging in politics since all the things happened following the dissolution of Parliament on March 3.

President’s Counsel Navin Marapana who appeared on behalf of Arjuna Aloysius is to make his submissions today (13).

Accordingly, Court of Appeal three-judge-bench comprising Justice (President) A.H.M.D. Nawaz, Justice Shiran Gunaratne and Justice Sobhitha Rajakaruna fixed the petitions for support today (13).

In his petition, Ravi Karunanayake 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.

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.

Perpetual Treasuries Limited (PTL) beneficiary owner Arjun Aloysius, Sangarapillai Pathumanapan and Badugoda Hewa Indika Saman Kumara had also filed separate writ petitions challenging Colombo Fort Magistrate’s order to issue warrant against them.

President’s Counsel Faiz Mustafa with Rienzie Arsecularatne PC, Shavendra Fernando PC, counsel Udara Muhandiramge appearing for the petitioner Ravi Karunanayake.

President’s Counsel Navin Marapana with counsel Thanuja Meegahawatte, Uchitha Wickremesinghe and Kaushalya Molligoda under the instruction of Sanath Wijewardena appeared for Arjun Aloysius.

Counsel Manoj Bandara appeared for Badugoda Hewa Indika Saman Kumara.

Senior Deputy Solicitor General Milinda Gunatilleke with Senior Deputy Solicitor General Haripriya Jayasundara and Senior State Counsel Lakmini Girihagama appeared for the Attorney General.


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