Interim order for Gota extended till Feb. 15

The Court of Appeal today further extended the Interim Order till February 15, preventing the FCID from acting on Certificate (B Report) under the offences against the Public Property Act in the Magistrate’s Court against former Defence Secretary Gotabaya Rajapaksa.

The Bench comprising Justices P.Padman Surasena (President/CA) and Shiran Gooneratne fixed submissions to be resumed on February 14 on the question of extension of the Interim Order.

When the matter was taken up yesterday, Romesh de Silva PC submitted that it is a question whether to extend the Interim Order and he maintained that the Interim Order granted was a comprehensive one.

He submitted that the case of the petitioner is prima facie and the Court had issued notices and granted Interim Order.

He pointed out now the court has to consider balance of Convenience (the question is to balance the relief given to the party against the injury that will be done to it in light of the harm it would do to him/her) whether to extend the Interim Order given.

He said there was a purpose of mala fide (in bad faith; with intent to deceive) intention to arrest or remand the petition and that granting Interim Order mandatory and is the inherent power of the Court.

He said there was no application to stay the proceedings in the Magistrate’s Court and there was mala fide intention to arrest him and his liberty was at stake.

He asked court not to arrest him or remand him but did not ask not to indict if the Attorney General thinks there were grounds.

He contended the construction of the D.A. Rajapakse memorial and museum was a civil matter and there was no criminal breach of trust and the petitioner had no misappropriated money but they want to remand him on misappropriation.

He added there was no request made to stop the investigation or indictment and that the petitioner had instructed the Sri Lanka Land Reclamation Corporation to undertake construction from outside on contract.

When the matter came up on December 15 last year Senior Deputy Solicitor General brought to the cognizance of the Court that at the time the matter was taken up for Interim Order, the Respondent Attorney General was not heard and the ex parte Interim Order was issued.

Romesh de Silva had submitted petitioner who is the Secretary to Defence and Urban Development Authority had directed the Board of Sri Lanka Land Reclamation Corporation after having sought the approval of the Board to pay and Rs 10 million was paid to commence the work for the construction of the Late D.A. Rajapakse foundation where all the expenses would be reimbursed by various sources and he alleged this fact is suppressed.

Senior Deputy Solicitor General Viraj Dayaratne had maintained the Interim Order was obtained ex parte.

He said the petitioner in his petition did not ask the Court to prevent him from being arrested and remanded but quash the ASP’s certificate submitted to the Magistrate preventing the FCID from acting on it under the Public Property Act. So it is not the issue of fundamental Rights violation and if so it should be referred to the Supreme Court.

He had also said the police recorded the first information on complaint and submitted the report to the competent court, the Magistrate as well as the Attorney General for instruction so Attorney General has not violated any law and there is no suppression of facts. There is no violation of law, he said.

He had said there is not only the Petitioner but six others are also there. He argued the Court of Appeal has no jurisdiction to hear

The Court on November 29 last year, initially issued the Interim Order till December 6 observing that that it was a commercial transaction and there was no element of the offence of dishonesty under Penal Code and that the said B Report is ex facie (evidently,.on the face of it) wrong.

The petitioner stated that the D.A.Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Land Reclamation Board for the construction of a monument at Madamulana Weeraketiya. He also has stated that there was no written contract.

Petitioner Gotabaya Rajapaksha in his application cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, Financial Crimes Investigation Division DIG Ravi Waidyalankara, ASP Kamal Paliskara and the Attorney General as Respondents.

Romesh de Silva PC with Ali Sabri PC and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner. Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitors General Thisith Mudalige and Dilan Ratnayake and Senior State Counsel Nirmalan Wigneswaran appeared for the Respondents and the Attorney General. (S.S.Selvanayagam)