CA issues interim injunction preventing arrest of K’gala Mayor and 4 others

• Order in place till conclusion of hearing into Writ petition filed by suspects in Buwaneka Hotel demolition case
• Investigations can continue unhindered, CA informs Police

The Court of Appeal yesterday issued an interim injunction preventing the execution of the arrest warrant against Kurunegala Mayor Thushara Sanjeewa Vitharana and four others over the demolition of a historical building in Kurunegala, until the conclusion of the hearing into the Writ petition filed by the suspects. The Bench comprised President of the Court of Appeal Justice A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna. Kurunegala Magistrate A.D.C.S. Hewawasam issued warrants for the arrest of Vitharana and four others in mid-August in connection with the Buwaneka Hotel demolition case.

The other suspects in the case are the KMC Municipal Commissioner, Municipal Engineer, Acting Management Administrator, and driver of the backhoe vehicle used to demolish the building.

Subsequently the suspects filed Writ Applications in the CA seeking an order to prevent their arrest. Justice Nawaz said yesterday the interim injunction does not prevent the Police from continuing their investigation into the incident. The AG’s Department maintains that the Mayor and the other KMC officials were aware that the building in question was an ancient Royal Court and the Mayor himself, in 2018, had presented a proposal to the Council to have it preserved. The Mayor’s proposal was approved by the Council. 

However, on 24 July the entire building had been demolished without any authorisation from the Archaeology Department of the Road Development Authority (RDA).

The AG’s Department says that the total loss to the State caused by the demolition of the building (estimated loss Rs. 7.2 million) as well as the cost for its reconstruction (estimated cost Rs. 13.7 million) would add up to around Rs. 20 million.