8 December 2017 06:22 am
The revision bail applications were yesterday supposed to be taken up in Colombo High Court Number 1, where Colombo Chief High Court Judge Manilal Waidyathilake was presiding.
However, Colombo High Court Judge A.A.R. Heiyantuduwa, who was taking the chair at Court number 2, came up to take over the previously scheduled 57 cases at Court number 1 in the absence of Chief High Court Judge Manilal Waidyathilake.
When the revision application of D.KP. Dasanayake was taken up for consideration; Counsel Maithri Gunaratne who appeared on behalf of Navy Commander Dassanayake began to make his submission. However, Judge Heiyantuduwa said he would postpone the case as the permanent judge was absent.
The High Court number 1 Mudliyar (interpreter) then saying the nearest date that could be provided was in the second week of January and subsequently, the Judge went on to postpone the case till January.
At this moment, a heated argument ensued as Counsel Gunaratne did not accept the stance of the Judge to postpone the case till January and asked for a much earlier date in late December.
Criticizing the attitude and the manner in which the Judge had decided to postpone the case, Counsel Gunaratne in a high tone reprimanded the Judge that it was a total injustice to the fundamental rights of citizens in the country.
Judge Heiyantuduwa also hit back saying he could not accommodate the request as there was no date available in the month of December.
However, after the heated argument, the Counsel left the Court room criticizing the Judge and within a few minutes he came back into the court room.
At this moment, Judge Heiyantuduwa asked Counsel Gunaratne and Senior State Counsel Janaka Bandara to make relevant submissions for the record regarding the adjournment of the consideration of revision applications.
Counsel Gunaratne said that it was the second time that the consideration of the revision application was postponed and therefore he requested the court to call the case before the permanent Judge prior to the star of December court vacation.
Speaking on the behaviour of Counsel Gunaratene, Senior State Counsel Janaka Bandara said in the previous date when the matter was taken up for consideration the permanent Judge was in hospital and yesterday it was said that the Judge was not on duty due to a personal reason.
SSC Janaka Bandara also commenting on the magisterial inquiry against the suspect said it was not an ordinary allegation but an investigation about the disappearances of eleven youths who were not even LTTE supporters.
“We are mindful of the fact about people who had served the nation, but that does not mean that they received licenses to abduct innocent people to demand ransom. Investigations are still going on and much revealing evidence is being filed into this inquiry. So it is not appropriate that counsel Gunaratne behave shouting at the Judge like a bull in a fish market”
Subsequently, Judge Heiyantuduwa was also of the view that he had not engaged in an inappropriate manner or caused injustice to citizens as it was not his duty to consider the matters in High Court number 1 and that he went on to postpone the case because there were no dates available in December according to the interpreter at Court number 1.
However, the other Counsel appearing for the rest of the five suspects did not object to the adjournment of the cases and thereby, all revision applications were postponed for January 9, 2018.
Suspects, D.K.P. Dassanayake, Sumith Ranasinghe, Lakshman Udayakumara, Naleen Prasanna, Ihalagedara Dharmadasa and Pathiranage Dasanayake, who were in remand custody had filed revision bail applications in High Court, while suspect Prasad Hettiarachchi is evading the Magisterial inquiry and suspect Sampath Munasinghe is on bail. (Shehan Chamika Silva)