The Court of Appeal today decided to consider the writ petition filed by interdicted High Court Judge Gihan Pilapitiya on May 4 seeking an interim order prohibiting the Acting IGP and his agents from arresting him over the controversial telephone conversations with former Deputy Minister Ranjan Ramanayake.
When the case was taken up before the two-Judge Court of Appeal bench - Court of Appeal Justice (President) A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna, President’s Counsel Romesh de Silva, who appeared on behalf of Pilapitya, requested the bench to extend the previous Court order.
However, representing the Attorney General, Deputy Solicitor General (DSG) Milinda Gunatilake while raising his objections on the above request said it was not necessary to extend a previously issued ruling as the police had already obtained another court order on suspended High Court Judge.
Accordingly, after listening to the submission made by both parties, the two bench decided to extend the previous ruling, preventing the arrest of interdicted High Court Judge without a court order and it will be in effect until the next hearing.
The petitioner was also directed to serve notices on the Acting IGP, the first respondent in the petition.
In the petition, suspended High Court Judge Gihan Pilapitya had mentioned that it is against the Law and unlawful to arrest him. He challenges that AG has no power or authority to direct the Police to arrest him.
He also pleads that the power and/ or authority to arrest him is solely with the Police officer effecting such potential arrest.
The petitioner also said that he was unaware of any offence that he was alleged to have committed. (Yoshitha Perera)