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AG files appeal against CA judgement on Deshabandu Tennakoon

06 Sep 2023 - {{hitsCtrl.values.hits}}      

By Lakmal Sooriyagoda  

The Attorney General has filed an appeal in Supreme Court challenging the legality of the Court of Appeal judgment which quashed the operation of Attorney General’s communication to name Western Province Senior DIG Deshabandu Tennakoon as a suspect in connection with the Galle Face Attacks case at Colombo Fort Magistrate’s Court.  

The Court of Appeal had issued a writ order quashing the communication issued by Attorney General to the Inspector General of Police to name Deshabandu Tennakoon as a suspect for abeiting in commission of offences punishable under sections 314, 316, 343 and 300 of the Penal Code in connection with his alleged failure to prevent attacks on protesters at Galle Face on May 9, 2022.  

When the appeal came up before the Supreme Court, President’s Counsel Romesh de Silva appearing for Senior DIG Tennakoon informed the court that he is expecting to raise preliminary objections against the appeal. The Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, A.H.M.D. Nawaz and Achala Wengappuli directed the parties to file their written submissions before September 15 and reserved its order regarding the preliminary objections to be delivered in due course.  

Meanwhile, the Supreme Court observed that there is no necessity of issuing an interim order suspending the operation of Court of Appeal judgment at this juncture.  
Additional Solicitor General Ayesha Jinasena appeared for the Attorney General.

  •  SC three-judge-bench directed the parties to  file their written submissions before September 15