Bond Commission: Justice Jayawardane recuses from hearing FR

Justice Priyantha Jayawardane recused himself from hearing the fundamental rights petition filed by a Central Bank official against the officers of the Attorney General’s Department on the basis that two respondents were his close friends.

Justice Sisira J. De Abrew also expressed his reluctance saying he came from the AG's department but said if there were difficulties in constituting the Bench, he would be willing to hear the case while Justice Vijith K. Malalgoda said he too had been from the AG's department but would hear this petition.

M.A. Sumanthiran PC with Niran Anketell, Junita Arulanantham and Joshua Crossette Thambiah appearing for the petitioner cited Justice A.R.M. Amarasinghe on judicial conduct, ethics and responsibilities and said there should never be an instance where there is no judge to hear a case.

Mr. Sumanthiran, Senior Additional Solicitor General Farzana Jameel with Deputy Solicitor General Nerin Pulle informed Court they had no objection in nominating any judges except two respondent commissioners in the Bond Commission to hear the case.

A CB official filing a RR petition has sought the SC to prevent him from being questioned by the AG's Department officers assisting the bond commission until the final determination of his petition.

The Petitioner S. Pathumanathan in his petition cited Senior Additional Solicitors General Dappula de Livera and Yasantha Kodagoda, Senior Deputy Solicitors General Milinda Gunetilleke and Dilan Ratnayake, Senior State Counsel Shaheeda Barrie, Dr. Avanti Perera, and Nayomi Wickremasekera and State Counsel Danushan Kaneshayogan all of them are assisting the Bond Commission to the investigation as well as the Central Bank Governor Dr Indrajit Coomaraswamy, Appointed Members of the Monetary Board, Central Bank Legal and Compliance Department Director P.V.L.Nandasiri, Presidential Commission Chairman Justice K.T.Chitrasiri, members Justice Prasanna Sujeewa Jayawardena and Kandasamy Velupillai along with Murtaza Jafferjee, IGP Pujitha Jayasundara and the Attorney General as respondents.

Petitioner complains against the some officials of the Attorney General’s Department that They had humiliated him in a degrading manner in the course of Presidential Commission Inquiry into the Treasury Bond matter.

Petitioner S. Pathumanathan who was a senior manager of Public Debt Department of the CB and an Assistant Superintendent, EPF and bid on behalf of EPF at the Bond acution in 2015 cited Senior Additional Solicitor Generals Dappula de Livera and Yasantha Kodagoda along with Senior Deputy Solicitor General Milinda Gunatillake, Deputy Solicitor General Dilan Ratnasinghe, Senior State Counsels Shahida Barrie, Dr Avanti Perera and Nayomi Wickramasekera, State Counsel Danushan Ganeshayogan who are assisting the bond commission as well as Members of the Monetary Board Dr R. H. Samaratunge, Mrs M. Ramanathan, C.D.K.Pereira and Nihal Fonseka, Central Bank Governor and the IGP and the Attorney General as Respondents.

Petitioner complains of the alleged treatment he suffered at the hands of the Senior Additional Solicitors General and Deputy Solicitor General acting with other respondents the threats, intimidation, duress, harassment, humiliating treatment and unlawful invasion of privacy amounts to cruel, inhuman and degrading treatment.