Ravi K’s counsel argues arrest warrant mala fide, lacks natural justice

By S.S. Selvanayagam

President’s Counsel Faisz Musthapha, appearing on behalf of former Finance Minister Ravi Karunanayake, countering the Preliminary Objection raised by the Attorney General, contended yesterday that the warrant of arrest issued by the Colombo Fort Magistrate is mala fide and has no natural justice.

The Writ Petitions contesting the warrant of arrest in respect of the Treasury bond tender scam came up before a Divisional Bench of three Judges comprising Justices A.H.M.D. Nawaz (President/CA), Shiran Gunaratne and Shobitha Rajakaruna yesterday.

Court fixed the reply by the Deputy Solicitor General to the counter-objection to be heard today.

Senior Deputy Solicitor General Milinda Gunathilake has raised Preliminary Objection on the Jurisdiction, and the alleged bias claimed by the Petitioner.

He had submitted that there are cognizable offences, and that Police can arrest them for investigation under the Criminal Procedure Code.

He had further submitted that Police can arrest and produce them to take judicial proceedings. Here Police has obtained a warrant of arrest from the Magistrate’s Court, and they represent a judicial process addressed by the Magistrate, he added.

He maintained it is a judicial custody and that if the Magistrate is biased and has no jurisdiction, they would have raised this matter before the same Judge and asked him to recuse himself.

He argued that the Petitioner must first comply and complain.

Faisz Musthapha PC stated that this warrant of arrest had been issued at a crucial time, purportedly to prevent the Petitioner from engaging in the forthcoming General Election, and the action has been taken the day after Parliament was dissolved.

He further stated that now the Petitioner is constrained to go before the same Magistrate and obtain redress, and if the Petitioner goes to Court, he will be arrested and remanded. He queried how the Petitioner could go therefore go to Court.

He complained that it is a question of due process and possible manipulation of the judicial system.

Faisz Musthapha PC with Rienzie Arsecularatne PC, Shaveendra Fernando PC, Senani Dayaratne, Faiza Markar, Riad Ameen instructed by Gowry Shangary Thavarasha appeared for Ravi Karunanayake.

Navin Marapana PC instructed by Sanath Wijewardana appeared for Arjun Aloysius while Manoj Bandara with Asitha Gamage instructed by Sudath Perera Associates appeared for Central Bank Employees Saman Kumara and S. Pathumanapan.

Deputy Solicitor General Milinda Gunatilake appeared for the Attorney General and Acting IGP.

Petitioners cited Attorney General, Acting IGP C.D. Wickramaratne, OIC of the Financial Investigation Unit 1 of the CID, SSP Ampavila, Fort Magistrate Ranga Dissanayake, Registrar of Fort Magistrate’s Court as Respondents.