{"id":41611,"date":"2015-06-09T00:48:39","date_gmt":"2015-06-09T04:48:39","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=41611"},"modified":"2015-06-09T00:48:39","modified_gmt":"2015-06-09T04:48:39","slug":"ex-def-secy-gotabhaya-rajapaksa-can-be-arrested-for-offences-except-those-included-in-fr-petition-interim-order","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=41611","title":{"rendered":"Ex-Def Secy Gotabhaya Rajapaksa can be Arrested for Offences Except Those Included in FR Petition Interim Order"},"content":{"rendered":"

The Supreme Court yesterday said that former Defence Secretary Gotabhaya Rajapaksa could be arrested if there were allegations except the ones included in the Fundamental Rights petition filed by him. The Supreme Court further said other than those respondents mentioned in the petition viz IGP, Director CID and Director FCID, other officials could arrest him.<\/strong>
\n<\/em><\/p>\n

The above statements were made by Justice Eva Wanasundara and Justice Sarath de Abrew with a view to clarify the interim order issued earlier preventing the arrest of Gotabhaya Rajapaksa. Thus, other than the allegations mentioned in the petition, namely, the Avant Garde floating armoury, providing aero planes to Mihin Lanka, transaction of shares of Lanka Hospitals and purchasing MIG aircraft. Gotabhaya Rajapaksa could be taken into custody for investigations into other allegations.<\/p>\n

The Supreme Court further stated that the Interim Order given by the Court did not apply to other investigations which are due to be carried out against Gotabhaya Rajapaksa.<\/p>\n

The petition submitted by Gotabhaya Rajapaksa was due to be taken on October 6. But in view of the motion submitted to courts by the Attorney General, the Supreme Courts called this petition on Monday June 8.<\/p>\n

<\/p>\n

Moving the motion, the Attorney General requested the Supreme Court to explain under what legal circumstances or conditions, the Interim Order was issued by a Bench of two judges of the Supreme Court preventing the arrest of former Defence Secretary Gotabhaya Rajapaksa.<\/p>\n

Additional Solicitor General Yasantha Kodagoda appearing for Attorney General, the IGP, Director CID, and Director FCID, told court that Gotabhaya Nandasena Rajapaksa through his petition had asked for relief on six issues.Explaining about the motion, Kodagoda submitted to court that due to the Interim Order, a number of issues had risen and the motion was meant to seek an explanation as to what legal circumstances led to the issuing of the Interim Order. Through this Interim Order, the Court has prevented taking any action by the IGP and four other senior officials in respect of four investigations conducted by the Police. Police are conducting investigations into the Avant Garde floating armoury, providing aero planes to Mihin Lanka,transaction of shares of Lanka Hospitals and purchasing MIG aircraft. Because of the Court Order, the IGP and around 84,000 policemen could not arrest the petitioner.<\/p>\n

He said: there are two main issues propped up due to the Interim Order. One is that the Order is not very clear. Who is prevented from arresting the petitioner. The second is that, it is only on the four allegations that he has mentioned in his petition? Or is it on all allegations ? We need to get a clarification on these two points.<\/p>\n

The Interim Order has thrust on four investigations. It is not clear how we are going to conduct investigations in view of the Court Order. If the steps taken in relation to the investigations carried out, that could turn out to be a contempt of court. Hence, the officers concerned are in a dilemma as to how they should conduct their investigations in good faith.<\/p>\n

If someone comes before court and gets a Court Order to stop the investigations carried out in the country that could be a threat to good governance.<\/p>\n

The petitioner for period of time was in possession of an elephant without a license. The Interim Order has prevented the wildlife officials from arresting him.<\/p>\n

This Interim Order is not a permanent order. It is valid only until the petition is heard and concluded The case could be dragged on for years. The Interim Order has prevented the petitioner from being arrested on any allegation in the future. Even if he becomes a suspect in connection with a murder, he can not be taken into custody.<\/p>\n

The second investigation against the petitioner is in relation to the purchasing of aeroplanes for Mihin Lanka. That investigation is not carried out by the Police, but, by officials of the Commission to Investigate into Bribery or Corruption. Th petitioner has not included the Commission\u2019s Director or any other officials as respondents. The duties of those not included in the petition, those persons or institutions who have no say before courts, have been blocked by the Interim Order.<\/p>\n

\u201cI strongly believe that the Courts should always listen to both sides. Not only of the Rights of the petitioner, it should also give due consideration to the duties of the State Officials and good governance,\u201dsaid the Additional Solicitor General.<\/p>\n

Additional Solicitor General Kodagoda told Court that there was no intention of asking in what ever way from the courts to withdraw the Interim Order, but seek a clarification of the Interim Order issued by the Courts.<\/p>\n

Romesh de Silva, PC appearing for Gotabhaya Rajapaksa told Court that nothing was unclear in the Interim Order issued by the Courts. He said that there was no need to come up with a \u2018new idea\u2019 as to explain the order. Such a request would bring the court into disrepute,\u201d he added.<\/p>\n

At this point the Courts wanted to know from K.Kanag Iswaran, PC appearing for the respondent Prime Minister Ranil Wickremesinghe whether he has anything to say in this regard. He told Court that he totally agreed with the views submitted by the Counsel appearing for the Attorney General and that he had nothing to add.<\/p>\n

Gotabhaya Rajapaksa through his petition has requested Courts to take steps to prevent him from being arrested by the FCID or officials representing it.<\/p>\n

The respondents in this case are Prime Minister Ranil Wickremesinghe, Members of the Cabinet, Secretary to the President, the IGP, Director FCID, Director CID, Deputy IGP Ravi Waidaylankara and the Attorney General.<\/p>\n


\nJustice Eva Wanasundara Shocked and Saddened Over Allegations against Her For Interim Order<\/strong><\/p>\n

Making a statement in Open Court yesterday, Supreme Court Judge Justice Eva Wanasundara said that she was shocked and saddened when false and unfounded allegations were directed against her over the Interim Court Order given preventing the arrest of former Defense Secretary Gotabhaya Rajapaksa.<\/p>\n

She made this statement when the motion tabled before court by the Attorney General seeking clarification on the Interim Order issued by the Courts.<\/p>\n

She went onto say that the Courts arrived at the decision to issue the Interim Order only after considering the facts placed before courts. She said that she does not show favour to any cases come before her. But, after the issuing of the interim Order, for the first time in her 34 year carrier, she was subjected to pain of mind, mental agony, felt humiliated.<\/p>\n

\u2018Many began expressing divergent views over the Court decision and that included fallacies as well,\u201d she added.<\/p>\n

She also said that times was allocated to to submit objections and the dates for that was decided in agreement with the Deputy Solicitor General who appeared for the Attorney General. The dates for the case to be taken up was decided based on the record book maintaining the dates of court cases.<\/p>\n


\nInterim relief for GR limited to material in petition before SC<\/strong><\/p>\n

The Supreme Court yesterday said that the interim order it had recently granted in respect of the fundamental rights violation petition filed by Gotabhya Rajapaksa was confined to the material in the petition before the Court. Interim relief was applicable to allegations specifically mentioned in the petition. The restraining order would apply to respondents, the IGP, the Director CID and the DIG of the Financial Crimes Investigation Unit, in respect of the allegations stated in the petition only.<\/p>\n

The interim order would not apply to any other investigating authority not made respondent in the petition.<\/p>\n

The allegations stated in the petition are in connection with the Avant Guard floating armoury, the leasing of aircraft for Mihin Lanka, the purchase of combat planes and the alleged manipulation of shares in Lanka Hospitals (Pvt.) Ltd.<\/p>\n

Yasantha Kodagoda, the Additional Solicitor General, President\u2019s Counsel yesterday, while seeking a clarification from the Supreme Court, on the interim relief granted to Rajapaksa, said that the interim relief given too wide blanket immunity to him. The counsel asked the court whether interim relief would restrain the IGP and 84,000 police officers from arresting Gotabhaya, even if he was suspected of committing a criminal offence such as a murder, until the fundamental rights violation petition was finally determined by the court. That wide blanket immunity benefited only one person, the court was told.<\/p>\n

The Additional Solicitor General also asked the court whether the Commission to Investigate Bribery and Corruption was restrained from arresting Gotabhaya since the said Commission had as employees police officers.<\/p>\n

The Additional Solicitor General sought a clarification as to whether the interim relief granted against the IGP and the Director CID would restrain police officers of the Commission to Investigate Bribery and Corruption from resorting to arrest Rajapaksa in connection with the investigation of leasing of air craft for Mihin Lanka.<\/p>\n

The ASG also queried whether any recognisable offence that could be committed by Gotabhaya and which would fall outside the ambit of the four category of investigation mentioned in the petition, could not be investigated by the CID or the Police Special Investigation Unit and whether they, too, were restrained from arresting Gotabhaya.<\/p>\n

The ASG also queried whether a Forest Officer could be prevented from arresting Gotabya had be possessed unlicensed baby elephants or should be not be warranted had he tried to flee the country. It was also asked whether he could not be produced before a Magistrate.<\/p>\n

The ASG pointed out that the interim relief granted on May 13, 2015 restrained the IGP, the Director CID and the DIG of the FCID from arresting Gotabhaya until the final determination of his petition which complained of an imminent arbitrary arrest.<\/p>\n

Romesh de Silva PC, who appeared for the petitioner Rajapaksa said that the interim order was clear enough. The ASG was trying to ask for a variation in the form of a clarification.<\/p>\n

It could not be permitted.The dignity of the court should be maintained. The court had performed righteously after hearing from the Attorney General and all the counsel who were present.<\/p>\n

The Additional Solicitor General appeared for the Secretary to the President, the IGP, the Director CID, the DIG of the FCID and the Attorney General. He appeared with Deputy Solicitor General Arjuna Obeysekera and Senior State Counsel Thusith Mudalige.<\/p>\n

K. Kanag Ishwaran P.C., appeared with G. G. Arulpragasam and Neranjan Arulpragasam for Ranil Wickremesinghe, Prime Minister made the first respondent.<\/p>\n

The Bench comprised, Justice Eva Wanasundera and Justice Sarath De Abrew.
\n<\/p>\n

Gota\u2019s interim order does not provide blanket immunity from arrest: SC<\/strong><\/p>\n

The Supreme Court yesterday issued a clarification regarding an interim order issued last month preventing ex-Defence Secretary Gotabaya Rajapaksa\u2019s arrest, saying that only his arrest by respondents mentioned in his fundamental rights application had been stayed till the conclusion of the case.<\/p>\n

The court also clarified that the former official could be arrested on other charges or allegations under the law that did not pertain to his fundamental rights application.<\/p>\n

The Supreme Court order clarifying its previous stay order effectively narrows the ambit of the interim order it issued in favour of Gotabaya Rajapaksa.<\/p>\n

The Court said that the order it had issued previously was only binding on the IGP, DIG of the FCID and CID Director, and only with regard to three specific incidents being investigated by these police units and mentioned in former Secretary Rajapaksa\u2019s petition being heard before the Court.<\/p>\n

Legal analysts point out that with the Supreme Court clarification, the interim order issued by Court on 14 May preventing the arrest of Gotabhaya Rajapaksa would no longer have a bearing on cases filed at the Bribery Commission or any other arresting authorities, including Wildlife officers and even the police investigating other allegations and charges against the former official.<\/p>\n

The Attorney General had filed a motion in the Supreme Court requesting a clarification regarding the interim order issued to former Defence Secretary Gotabhaya Rajapaksa on the basis that it was ambiguous.
\nThe motion was heard by the court yesterday.<\/p>\n

On 14 May, the Supreme Court issued an interim order staying the arrest of the former senior official, until a fundamental rights petition he had filed in court challenging the legality of the Financial Crimes Investigation Division (FCID) was heard and concluded.<\/p>\n

Assistant Solicitor General Yasantha Kodagoda pointed out when the motion came up for hearing yesterday that as per the literal reading of the order issued by the two-judge bench of the Supreme Court last month, the ex-Defence Secretary could not be arrested for any other allegations of past offences or even if he committed an offence in the future. ASG Kodagoda said the order appeared to confer upon former Secretary Rajapaksa, immunity over all arrests by all state officials and even the Bribery Commission.<\/p>\n

Kodagoda PC said the impact of the interim order issued to Gotabhaya Rajapaksa was a carte blanche for the former Defence Secretary, conferring immunity over arrests by all state officials for any offence, virtually like the immunity conferred upon the President by the Constitution. The interim order subverts the course of criminal justice, the ASG further told Court.<\/p>\n

Meanwhile, President\u2019s Counsel Romesh De Silva, appearing for former Secretary Rajapaksa, told court that the Attorney General was abusing the legal process.<\/p>\n

ASG Kodagoda sought clarification from the court that the order issued on 14 May was only related to matters concerned with Rajapaksa\u2019s Fundamental Rights petition.<\/p>\n

Having heard arguments, the Supreme Court bench comprising Justices Eva Wanasundera and Sarath de Abrew clarified that the interim order issued to the former Defence Secretary only pertained to allegations contained within the petition. The stay order preventing his arrest only pertained to investigations carried out by respondents named in the petition \u2013 namely the FCID and the IGP, the Justices clarified. <\/p>\n

The court explained that former Secretary Rajapaksa could be investigated and\/or arrested for any other allegations if required by law.<\/p>\n


\nJustice Wanasundera says her conscience clear<\/strong><\/p>\n

Justice Eva Wanasundera yesterday said that the Supreme Court had granted interim relief in respect of the fundamental rights petition of Gotabhaya Rajapaksa strictly according to the law. She had been in the honourable service for 34 years and she had carried out her duty as best as possible. Unfounded, frivolous comments would not shatter her integrity and her conscience was clear, she said.<\/p>\n

(Compiled from Reports in Sri Lankan Newspapers)<\/strong><\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

The Supreme Court yesterday said that former Defence Secretary Gotabhaya Rajapaksa could be arrested if there were allegations except the ones included in the Fundamental Rights petition filed by him. The Supreme Court further said other than those respondents mentioned in the petition viz IGP, Director CID and Director FCID, other officials could arrest him. …<\/p>\n

Continue reading ‘Ex-Def Secy Gotabhaya Rajapaksa can be Arrested for Offences Except Those Included in FR Petition Interim Order’ »<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[12],"tags":[],"_links":{"self":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/41611"}],"collection":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41611"}],"version-history":[{"count":1,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/41611\/revisions"}],"predecessor-version":[{"id":41612,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=\/wp\/v2\/posts\/41611\/revisions\/41612"}],"wp:attachment":[{"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41611"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dbsjeyaraj.com\/dbsj\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}