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Police, FCID restrained from taking any action on Gota based on B report

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Court of Appeal has restrained Police and FCID from acting on the Certificate (B Report) filed against former Defence Secretary Gotabhaya Rajapakse under the offences against the Public Property Act in the Magistrate’s Court until December 6.

Additional Solicitor General Dilrukshi Dias Wickramasinghe, objected to the interim relief. She argued that the hearing was ex-parte and the AG had received information from newspapers.

Court made the Interim Order as prayed for by former Defence Secretary Gotabaya Rajapaksa. This certificate has asserted that Rajapaksa violated the Public Property Act, in building the D. A. Rajapaksa Memorial Institution at Weeraketiya.

The Bench comprised Justices L.T.B. Dehideniya (President/CA) and Shiran Gooneratne. Court also issued notices on the Respondents returnable for 6 December.

The Court observed that it was a commercial transaction and there is 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.
President’s Counsel Romesh de Silva, appeared with M. I. M. Ali Sabry, PC and Sugath Caldera, instructed by Sarath Wijewardene, for Gotabhaya Rajapaksa.

Additional Solicitor General Dilrukshi Dias Wickramasinghe, appeared for the Attorney General.

Court ordered the respondents, the IGP, the Director FCID and the ASP who issued the certificate to file objections before December 6.

 

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