Obtaining an arrest warrant against Judge Pilapitiya Doubt of jurisdiction cause for delay- Police

•  AG criticizes the excuse as ludicrous
• CCD to obtain warrant from Nugegoda Magistrate’s Court

By Shehan Chamika Silva  

Replying to a letter sent by the acting IGP that the Police so far could not identify the legal jurisdiction of the offence, Attorney General Dappula de Livera yesterday criticized the behaviour of the Police as they could have obtained necessary legal guidance from the AG over the jurisdiction without wasting 18 days since the initial instructions.

 The AG had thereby also informed the IGP that the desirable jurisdiction would be Nugegoda Magistrate’s Court to obtain an arrest warrant against Judge Gihan Pilapitiya and comply with the advise without further delay.  

Earlier, on January 23, 2020, the AG had advised the acting IGP to obtain a warrant and arrest the suspects MP Ranjan Ramanayake and High Court Judge Gihan Pilapitiya over the offences transpired after a leaked phone conversation between them.  

However, the Police did not take any steps to obtain the warrant complying the AG’s advice till February 07, 2020. Subsequently, the AG sent another letter requiring the IGP to show cause over the non-compliance.  Consequently, the IGP had sent a letter on February 10, 2020 giving reasons for the delay as the Colombo Crime Division was in doubtful mind over the correct jurisdiction (exact court) to file the necessary reports of the offences.  The AG in his reply considered this justification as ludicrous and unreasonable by the Police as they could have contacted the AG anytime if such doubt was there over the jurisdiction.  The AG had said that it was very clearly transpired from the phone conversation about the correct jurisdiction as it could be either Colombo or Nugegoda.  

However, considering the fact that MP Ramanayake is already having several cases in Nugegoda Magistrate’s court relating to these phone conversations, the AG had advised the IGP to take necessary action without delay in that jurisdiction.  The Attorney General had also considered earlier indicting Parliamentarian Ranjan Ramanayake and High Court Judge Gihan Pilapitiya directly in High Court based on the facts that transpired after a leaked phone conversation.  The two suspects are likely to be indicted under the sections 190 of the Penal Code (fabricating evidence), 113 (Conspiring), and 102 (abetting) based on the facts revealed in the phone conversation.  Mr. Ramanayake will also face charges under the Article 111 of the Constitution for the offence of interfering with the function of the Judge.  Attorney General Dappula de Livera has observed forwarding indictments directly to the High Court under the section 393(7) of the Criminal Procedure Code against the suspects.