By S.S. Selvanayagam
The Court of Appeal yesterday extended until 15 December the Interim Order preventing the Financial Crimes Investigation Division (FCID) from acting on the Certificate (B Report) under the offences against the Public Property Act in the Magistrate’s Court against former Defence Secretary Gotabaya Rajapaksa.
The bench, comprising justices T.B. Dehideniya (CA President) and Shiran Gooneratne, fixed the inquiry for 15 December.
Deputy Solicitor General Viraj Dayaratne submitted that the Interim Order was obtained ex-parte while the notice was not issued.
He stated that the Interim Order was given because of the urgency and there was suppression and misrepresentation of the material facts. Romesh de Silva PC maintained that notices were sent and he had filed an objection last morning.
He said that the matter could be decided at the next date. The Deputy Solicitor General agreed to the next date.
The Court on 29 November issued an Interim Order till 6 December observing that it was a commercial transaction and there was no element of offence of dishonesty under the Penal Code and that the said B Report was ex-facie (evidently, on the face of it) wrong.
The petitioner has stated that the D.A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Reclamation Department for the construction of a monument in Madamulana, Weeraketiya. He has also stated that there was no written contract.
When the matter was taken up on 29 November for granting the Interim Order and issuance of notices, Additional Solicitor General Dilrukshi Wickramasinghe, appearing for the Attorney General, brought to the cognisance of the Court that they had no notice and they came to be aware of the matter through media reports. She pleaded to Court that it had been a ex-parte hearing and in the circumstances she be heard in accordance with the Court of Appeal (Appellate Procedure ) Rules 1990 of Part I Sections 2 and 7. In his application, petitioner Rajapaksa cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, Financial Crimes Investigation Division DIG Ravi Waidyalankara, ASP Kamal Paliskara and the Attorney General as respondents.
Romesh de Silva PC with Ali Sabri PC, Sugath Caldera and Ruwantha Cooray, instructed by Sanath Wijewardane, appeared for the petitioner.
The petitioner is asking Court to quash the Certificate (namely B Report – summary report or information to Court by Police) purportedly filed under the offences against the Public Property Act.
He is also seeking the Court to prevent the respondents from proceeding or relying upon the said Certificate filed against him.
He is asking Court to prevent the respondents from relying upon the said Certificate and other Certificate to be issued under the said Act in the Magistrate’s Court Case bearing Number B 60485/4/15 until the hearing and final determination of his application.