CA prevents FCID from acting on B Report against Gotabhaya until 6 December

By S.S. Selvanayagam

The Court of Appeal yesterday (29) issued an Interim Order as prayed for by former Defence Secretary Gotabaya Rajapaksa, preventing the Police and FCID from acting on the Certificate (B Report) filed under the offences against the Public Property Act in the Magistrate’s Court until 6 December.

The Bench comprising Justices L.T.B. Dehideniya (President/CA) and Shiran Gooneratne also issued notices on the Respondents returnable for 6 December.

The Court observed that it was a commercial transaction and there is no element of the offence of dishonesty under Penal Code and that the said B Report is ex facie (evidently on the face of it) wrong.

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 at Madamulana Weeraketiya. He also has stated that there was no written contract.

When the matter was taken up yesterday (29) for granting of 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 have no notice and they came to be aware of the matter from the media reports.

She pleaded to Court that it had been an 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.

Romesh de Silva PC appearing for the Petitioner interceded and emphasised that the order on the Interim Order and issuance of Notices were reserved yesterday (28) to be delivered today (29). He pleaded the Court to deliver the order.

Court of Appeal Rules 1990 Section 2 reads: Every application for a stay order, interim injunction, or other interim relief shall be made with notice to the adverse parties or respondents that the applicant intends to apply for such interim relief, such notice shall set out the date on which the applicant intends to support such application, and shall be accompanied by a copy of the application and the documents annexed thereto.

Section 7 reads: an appeal or application in respect of or incidental to which an order for interim relief has been granted shall be heard and finally determined early.

Petitioner Gotabaya Rajapaksa in his application filed last Friday (24) 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 and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner.

The Petitioner is seeking the 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 and/or relying upon the said Certificate filed against him.

He is asking the Court to prevent the Respondents from relying upon the said Certificate and/r 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.