SC extends Stay Order preventing HC trial on D.A. Rajapaksa Museum case

By S. S. Selvanayagam

The Supreme Court yesterday extended till 14 October the Stay Order preventing the Special High Court Trial-at-Bar from proceeding with the trial of the D.A. Rajapaksa Museum Case.

The Bench, comprising Justices L.T.B. Dehideniya, S. Thurairaja, and Gamini Amarasekera, deferred the Special Leave to appeal on the Order against Revision, along with the SC Appeal on the Writ Petition stating it has no jurisdiction, for 11 October, and extended the Interim Order till 14 October.

Court of Appeal has dismissed the Revision and Writ Applications, filed by former Defence Secretary Gotabaya Rajapaksa, challenging the Order made by the Permanent High Court-at-Bar, rejecting his Preliminary Objection in the D.A. Rajapaksa Museum case.

The Court of Appeal observed that in terms of Section 12B of Judicature Act, the Permanent High Court-at-Bar cannot be considered as a Court of first instance. Accordingly, the Court of Appeal ruled that it has no jurisdiction to hear these two petitions.

On 11 February, the Permanent High Court-at-Bar decided to overrule Preliminary Objections raised by Gotabaya Rajapaksa and six others, in connection with the D.A. Rajapaksa Museum case, citing that the Permanent High Court-at-Bar has jurisdiction to hear this case. Gotabaya Rajapaksa had filed Revision and Writ Applications in the Court of Appeal, seeking an Order to set aside the Order.

The Court of Appeal upheld the Attorney General’s version regarding the Court’s jurisdiction, and decided to dismiss the two Petitions without costs. Gotabaya Rajapaksa appealed to the Supreme Court, contesting the Court of Appeal order.

Romesh de Silva PC, instructed by Sanath Wijewardane, appeared for Gotabaya Rajapaksa. Senior Deputy Solicitor General Milinda Gunatilleke appeared for the Attorney General.

The Attorney General had filed indictments of seven counts against seven Accused, namely, former Defence Secretary Gotabaya Rajapaksa, former Land Reclamation and Development Corporation (LRDC) Chairman Prasad Harshana de Silva, and members of the LRDC Board of Directors Bhadrawathi Udulawathi Kamaladasa, Sudammika Kheminda Attygalle, Saman Kumara Abraham Galappatti, Dewage Mahinda Saliya, and Srimathi Mallika Kumari Senadheera, for alleged misappropriation of LRDC funds of Rs. 33.9 million.