Issue of Warrant / Notice on Thilanga Refused
Though the senior state Counsel Shavindra Fernando, representing the Attorney General and the Solicitor General stated His Lordship the chief justice, Sarath N
Though the senior state Counsel Shavindra Fernando, representing the Attorney General and the Solicitor General stated His Lordship the chief justice, Sarath N. Silva, in the supreme court yesterday, that the Attorney general had not directed the CID to have Thilanga Sumathipala arrested , however, contrary to such stance , the Attorney General had advised the CID to file a `B Report' today in the Chief Magistrate's Court, Hulftsdorp, moving for a warrant to be issued for the arrest of Thilanga Sumathipala.
The Supreme Court had yesterday directed the Attorney General to report facts to the Magistrate's Court and to leave it to the Magistrate to exercise judicial power, after hearing the other side, ie. Thilanga Sumathipala's Counsel, Rienzie Arsecularatne P.C. However, also countermanding the above direction of the Supreme Court, Senior state counsel, Vijith Malalgoda objected to Thilanga Sumathipala's counsel making submissions in the Magistrate's court today. The Magistrate overruled such objection.
The Colombo Chief Magistrate, Heiyanthuduwa Esqr., having considered the submissions made by Thilanga Sumathipala's counsel Rienzie Arsecularatne P.C. refused to issue warrant or even notice on Thilanaga Sumathipala, further observing that the sanctity of court cannot be sought for acts of the Attorney General or the CID, to avoid future possible actions in Court of Law.
Ananda Wijesekere P.C, Rienzie Arsecularatne, P.C. with Kolitha Dharmawardene, Saliya Peiris , Harim Gomes, Wasantha Balagoda, Attorney-at-Law appeared for Thilanga Sumathipala. Wijitha Malalgoda, Senior State Counsel, Shavindra Fernando, Senior State Counsel with Shamil Kularatne, State Counsel, Nirosha Fernando, State Counsel, appeared for the Attorney General and the CID.
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