CA stays further Colombo HC proceedings by Gihan Kulatunga against Basil Rajapaksa

By S.S. Selvanayagam

The Court of Appeal yesterday granted an Interim Order staying further proceedings of the Colombo High Court by presiding Judge Gihan Kulatunga until the final determination in respect of the petition filed by Accused-Petitioner Rohana Rajapaksa.

The bench, comprising justices L.T.B.Dehideniya (CA President) and A.L.S. Gooneratne, fixed the matter for 13 December for filing objections by the respondent, the Attorney General.

Gamini Marapana PC with Navin Marapana and Kaushalya Molligoda appeared for Basil Rajapaksa. Additional Solicitor General Yasantha Kothagoda with Deputy Solicitor General Thusith Mudalige appeared for the Attorney General.

The Accused-Petitioner Rajapaksa, in his petition, seeks an order from the Court to transfer his case to another Colombo High Court.

The petitioner states a relentless campaign of vilification is being carried out by certain elements of the present Government, demanding the launch of investigations and cases as well as the carrying out of arrests and remanding of certain family members and close allies of former President Mahinda Rajapaksa despite his defeat at the January 2015 Presidential Election.

He states the former President’s sons Namal and Yoshitha Rajapaksa, his wife Shiranthi Rajapaksa as well as his brother former Defence Secretary Gotabaya Rajapaksa and himself as well as his political allies have been subjected to numerous investigations and cases.

He states that the former President’s two elder sons have been arrested and produced before numerous Magistrate’s Courts and remanded on multiple occasions over the past two years.

He states he presently stands indicted before the High Court in cases that are fixed for trial before HC No. 3 by A.A.R. Heyyanthuduwa, HC 5 by Rathnapriya Gurusinghe and HC No. 6 by Gihan Kulatunga.