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Gota's FR petition: Two more SC judges recuse from Bench

31 May 2018 08:47 pm - 26     - {{hitsCtrl.values.hits}}

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Two more Supreme Court Judges today recused themselves from hearing the fundamental rights petition filed by former defence secretary Gotabaya Rajapaksa.

The petition seeks an order from Court to stop the police arresting him in connection with several investigations and a declaration that the gazette notification by the FCID is beyond its legal power or authority.

The case was taken up by a Bench comprising Justices Priyantha Jayawardane, Vijith Malalgoda and Murdu N.B. Fernando.

The court directed the Registrar not to list the before the Bench of Eva Wanasundera, Buwaneka Aluvihara, Priyantha Jayawardane and Murdu Fernando and fixed the hearing on November 27.

When the case was taken up on October 24, Justice Eva Wanasundera declined to be a member of the Bench.

When petition came up on March 13, the Additional Solicitor General informed court that the investigation against Mr. Rajapaksa was continuing and that if there was a cognizable offence, the integral part of such an offence had a mandatory requirement to arrest.

The ASG appearing for the respondents and the Attorney General told Court that the interim order preventing the FCID from arresting him granted on May 13, 2015 was still in operation.

When the petition was first taken up on for support for granting leave to proceed, Justice Buwaneka Aluvihara declined to be a member of the Bench and the two-judge bench comprising Justices Eva Wanasundera and Sarath de Abrew granted an interim order preventing the FCID and others from arresting Mr. Rajapaksa in connection with an alleged financial crime.

The petitioner cited Prime Minister Ranil Wickremesinghe and the members of the Cabinet, Secretary to the Cabinet, Secretary to the President, IGP N.K. Ilangakoon, CID Director B.R.S.R. Nagahamulla, FCID DIG Ravi Waidyalankara and the Attorney General as respondents.

Romesh de Silva PC with Ali Sabry PC, Sugath Caldera and Sanath Wijewardane are appearing for the petitioner while K. Kanag Iswaran PC with Suren Fernando are appearing for the Prime Minister. Additional Solicitor General Yasantha Kothagoda is appearing for the respondents.(S.S. Selvanayagam)

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  Comments - 26

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  • Raj Thursday, 31 May 2018 08:53 PM

    Very funny Sri Lankan law. Lol

    Gamaya Thursday, 31 May 2018 09:31 PM

    If Mr Gotabaya Rajapaksa holds power people will have to go to the international court of justice for any relief against him. He will surely be above the Law!

    Dee Thursday, 31 May 2018 09:38 PM

    ! . No smileys on this forum. !

    Kadala Gotta Thursday, 31 May 2018 10:24 PM

    (*_*)

    Dasa Thursday, 31 May 2018 09:38 PM

    Looks like we are going to need foreign judges to hear this one.

    Wise Donkey Thursday, 31 May 2018 09:41 PM

    Ha Ha Ha !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Samanmalee Thursday, 31 May 2018 09:44 PM

    How can this drama happen .If the police have evidence then it should be put before the judges, and if they decide that there is enough evidence of wrongdoing he should be arrested , if not he should be released.Why all this drama.

    ravi Thursday, 31 May 2018 10:28 PM

    If a judge has a potential conflict of interest, he or she has no option but to recuse.

    Ceylon Friday, 01 June 2018 04:47 PM

    Whats those conflict of interests???.only uncorrupt choice is resign from job.

    Basil Thursday, 31 May 2018 09:45 PM

    Who is not scared of Gotabhaya?

    Fizi Thursday, 31 May 2018 09:50 PM

    Power is the law of this country.

    Refaideen Thursday, 31 May 2018 09:50 PM

    With two more calling dates GR will be president

    Ceylon Friday, 01 June 2018 09:16 PM

    If gita be president,first batch of hangings are include sirisena and ranil.

    Saradiel Thursday, 31 May 2018 09:57 PM

    Very sad. If the Supreme Court Judges refuse to hear cases of prominent people, what to say. If they think that the case is not justified, they can give their judgement after hearing the case. If under threat or simply scared of the person (who can be a future president) I feel sorry for them and don't want to comment any further.

    rohan Thursday, 31 May 2018 10:02 PM

    Worried about white van in the future. These judges should be sacked if they cannot deliver justice.

    Randeniya Thursday, 31 May 2018 10:11 PM

    What a luxury life for these bandits. MR created a very good protective cover for the family.

    Justica USA Thursday, 31 May 2018 10:32 PM

    LOL...interesting to note that Gota commands POWER while not being the Defense Secretary.. How sad the Judges are scared to even hear his case..or are they paid hefty sums like the lawyers who represent him.. ?Ironic that he gets VERY long dates while average ppl get only a month or so, n they cant even seek anticipatory bail...MONEY TALKS...Power corrupts, absolute power makes judges run for their dear lives...Wonder of Asia..

    Baron Baaron Thursday, 31 May 2018 10:55 PM

    Supreme Court judges are on Rajpaksas' Payroll, and police sleuths are on drug dealers' Payroll. The LAWS OF LAND are being taken hostage. Welcome to "Wonder of Asia - SriLanka"

    Ceylon Thursday, 31 May 2018 11:16 PM

    Judgess corruptions.howcome judge can refuse to do the job??.if cant do must resign from job.otherwise government must terminate and punish them for not doing legitimate job.other government employees also can refuse to do job and continue get salary??.

    Lord Wolfstein Friday, 01 June 2018 02:18 PM

    No judges, no petition. Throw this murder into prison.

    Buddhist Friday, 01 June 2018 02:20 PM

    I think the field is open to appoint foreign judges. The Judiciary is corrupt in SL.

    Ceylon Friday, 01 June 2018 04:48 PM

    Sirisena and ranil are the behind these corrupt drama.these two traitors are protecting another traitor.

    Wise Donkey Friday, 01 June 2018 05:44 PM

    Can I 'recuse' myself from commenting?

    Cobra Friday, 01 June 2018 06:32 PM

    I told you, my comment will never see the light of day!!!!!!

    RK Saturday, 02 June 2018 02:22 PM

    With regard to the current situation of law in Sri Lanka, if one was to commit a crime and when produced in court for prosecution, that person could argue relating to the HYPOCRISY that is subjected selectively to the people If a citizen can survive through alleged accusations of criminal amd illegal activities without and legal interventions how can ethical law be practiced for crimes of the same magnitude elsewhere. If the aforementioned person can avoid the rules of law in a democratic nation it is only fair that this applies to each and every citizen and what ever crimes they commit also be left alone.No law maker has the right to prosecute anyone unless it is treated equally and ethically for all regardless of POWER/WEALTH.

    Marty Saturday, 02 June 2018 02:33 PM

    If the judges are scared of Gota in this manner what about ordinary people. These military fellows should never be given powers in democratic countries.


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