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Video: FCID noticed to show cause

8 October 2015 12:44 pm - 17     - {{hitsCtrl.values.hits}}

Colombo Additional Magistrate Nishantha Pieris today noticed the FCID to show cause as to why it had violated the court procedure and produced former President’s Secretary Lalith Weeratunge and Former TRC Director General Anusha Pelpita in High Court without producing them before a Magistrate.

The Magistrate issued notice on the OIC of the FCID, the DIG and Western Province ASP to show cause on November 5 for violating provisions of the Public Property Act and the Constitution.

The Magistrate also refused to lift the restraining order made against Anusha Palpita from travelling abroad and observed that the FCID had arbitrarily violated the provisions of the Constitution and the Public Property Act.

The Magistrate said the Public Property Act and the Constitution had affirmed that the suspects in Public property Act violation cases should be produced before a Magistrate and if the amount involved exceeds Rs 25,000 the suspects be remanded unless under special circumstances.

Mr. Pieris said the FCID diverting from the practice, had produced the suspects Weeratunge and Pelpita in the High Court which released them on bail.

He queried as to why the suspects were not produced before a Magistrate.

He said the FCID had produced the suspects in High Court and released them on bail. Now the FCID is requesting the Magistrate to lift the travel ban on Pelpita.

The Magistrate said Pelpita was not even present in court and the FCID had not submitted any documents in court which he said was incorrect.

The Magistrate said the action of the police discredited the Magistrate Court.

The Magistrate also emphasized that the Attorney General should assist the police to act according to the law.

On the pronouncement of the Magistrate’s decision the legal representatives of the Hulftsdorp Magistrate Court, applauded the decision and Counsel Gunaratne Wanninayake representing the lawyers said the decision was a landmark one and had proved that the judiciary was the guardian of the law implementing the rule of law. (Farook Thajudeen & Shehan Chamika)
Video by Courts Prasanna

  Comments - 17

  • CITIZEN Saturday, 10 October 2015 04:09 PM

    No. He may be scared of white van!

    Sincere Friday, 09 October 2015 11:28 AM

    We commend the order of the Hon. Magistrate. If it is necessary put the yahapaalanaya on the anvil to make it effective to people of this country.

    mithra Thursday, 08 October 2015 09:25 PM

    Then why did not the high court judge raised the logical question why the suspects were produced before him without directing to magistrate court. The action looks a big conspiracy.

    Fiat justitia Thursday, 08 October 2015 09:57 PM

    What a prat. You are displaying your ignorance. You must know that a High Court decision is stronger than a puny Magistrates Court decision.

    Sri Wickrama Friday, 09 October 2015 01:14 PM

    Is AG doing foul play under political pressure ?

    attorney Thursday, 08 October 2015 11:08 PM

    How does the Attorney General feel ?

    Malcolm William Friday, 09 October 2015 01:42 PM

    A rare Magistrate with a backbone. We respect you Sir.Other judges should follow this Magistrate irrespective of their rank.

    Ram Friday, 09 October 2015 03:56 AM

    The blame must go to the AG who is answerable for filing a direct indictment in the High Court circumventing the Magistrate Court. In these white Collar crimes Police always seek advice and guidance from the AG and if AG indicted the accused in the HC AG should have been noticed. Hats off to the Magistrate for the independent stand he took

    WRP Friday, 09 October 2015 04:34 AM

    The good signs of yahapalanaya. Hatts off to you Mr. Magistrate.

    dulan Friday, 09 October 2015 06:55 AM

    FCID head must be removed for this

    Premalal Friday, 09 October 2015 07:56 AM

    The AG to help uphold the law? Might as well tell it to the birds.

    SARANAPALA Thursday, 08 October 2015 06:29 PM

    Well done magistrate. Hats off.

    Sene Thursday, 08 October 2015 06:33 PM

    These thieves are too big for the Magistrate to handle

    Silva Friday, 09 October 2015 04:57 PM

    Has off to you sir, the whole country is behind you, go on, if anyone trying to meddle, we will teach them another good lesson at the next elections !

    Mason Thursday, 08 October 2015 06:36 PM

    All sounds well and good, but the million dollar question is will those released be ever prosecuted. The FCID seems a eye wash.

    Just Another Citizen Thursday, 08 October 2015 07:13 PM

    So the investigators are being investigated now? Very good show I must say

    senaratne Friday, 09 October 2015 10:13 AM

    this shows the sad state of our justice system. FCID has by passed the normal routine to fix (unfix) the case with a favored court.No wonder the world community insist on hybrid courts.

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