The Colombo High Court today considering the bail revision applications filed on behalf of Yoshitha Rajapaksa and three others, noticed the respondents to submit objections on February 29.
The revision application sought bail for the suspects over the inquiry conducted at the Kauwela Magistrate on alleged financial irregularities at the Carlton Sports Network (CSN).
In the Revision Applications, Attorney General, IGP, FCID Director, Prison Commissioner General, ASP Serasinghe and FCID unit 3 OIC IP, R.A.C.C. Ranasinghe were stated as the respondents.
When the revision applications were taken up for consideration, the Counsel Kalinga Indatissa PC and Gamini S. Marapana PC, appearing for the petitioners told the Judge that on January 30 the Kaduwela Magistrate had remanded the suspects violating the section 14(2) of the Bail Act by not refusing the bail application and therefore order of remand was illegal.
The counsel said that the Magistrate did not refuse the bail application, but remanded the suspects saying that he would consider the bail application on February 11. The counsel ascertained that under the 14(2) of the Bail Act, the Court should either reject a bail application or accept it.
Without rejecting the bail application giving an order to remand the suspect till February 11, was an error in legal process, since it is also violating the Section 13(2) of the Sri Lankan Constitution, the counsel said.
The Colombo High Court Judge A.A.R. Heiyanthuduwa replied that he must consider the matter after listening to the other party as well and should provide an opportunity for the Attorney General for his opinion on the matter.
Acceding the request of the counsel, Judge gave an order to keep the recorded reports of the case, from January 29 – February 1, at the Colombo High Court custody and said he would consider the interim relief request made by the counsel on the next date. (Shehan Chamika Silva)
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