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Interim Order restraining arrest of Gota extended

Gothabyaya-R-860-01

The interim order restraining the arrest of former Defence Secretary Gotabhaya Rajapakse by the police or the CID was extended till Dec. 15 by the Court of Appeal on Wednesday.

It restrained the Police and the CID, from acting on an ASP certificate which alleges that the former Defence Secretary Gotabhaya Rajapaksa, had committed an offence under the Abuse of Public Property Act, in building a monument in memory of D. A. Rajapaksa, at Weeraketiya, Tangalle.

Deputy Solicitor General, Viraj Dayaratne appearing for the Attorney General raising objection to the interim order argued that the interim order had been issued ex-parte without hearing the Attorney General. Material facts had been suppressed by Rajapaksa in his writ application.

He told Court, "I have filed limited objections against this order. I can demonstrate on the pleadings filed by the petitioner that there was suppression and misrepresentation of material facts when the application was supported and an Interim Order was obtained ex-parte. I can make my submissions today before this order is extended. I am objecting to the extension of the Interim Order."

Senior Defence Counsel President's Counsel Romesh de Silva appearing for Gotabhaya Rajapaksa urged that the matter be fixed for inquiry since they want to look into the material facts presented by the Attorney General.
Court fixed the date of inquiry for Dec. 15.

President's Counsel Romesh de Silva with Ali Sabry PC, counsel Sugath Caldera and Ruwantha Cooray under the instruction of counsel Sanath Wijewardane appeared for Rajapaksa.

Deputy Solicitor General Viraj Dayaratne appeared for the Attorney General.

The Bench Comprised, Justice L. T. B. Dehideniya (President) and Justice Shiran Guneratne.

 

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