(Lanka-e-News - 02.Dec.2017, 4.30PM) The recent interim injunction order issued by the two notorious judges Lakshman Tikiri Bandara Dehideniya and Shiran Gunaratne of the appeal court on the grounds that the legal action filed against Gotabaya Rajapakse ought not to be under the Public Property Act, thereby deflowering the sanctity of justice in broad daylight is an absolute contradiction of the law and a miscarriage of justice , as revealed by a retired appeal court judge to Lanka e news. If the courts are to make such erroneous decisions , soon the police will able paralyzed and will not be able to conduct criminal investigations, he added.
The retired judge (we cannot reveal his name right now) who knows very well about the sordid nature and unscrupulous propensities of Dehideniya and Gunaratne made the aforementioned comments when Lanka e news asked for his opinion on the judgment .
This learned judge declared the interim injunction order was unlawful on the grounds that , even before listening to the additional Solicitor General Ms. Dilrikshi Dias Wickremesinghe who was in court representing the Attorney General (AG), the decision was announced by these two judges. In other words these two judges alias despicable stooges even had refused to listen to the AG’s views . The fundamental rule of law – both sides must be heard had not been followed.
The petitioners submitted the application to appeal court on the 28 th, just a day before the hearing. Hence , the AG in order to make his submissions sent a most senior State counsel of his to court . While he has taken such a step , what is the legal right these two judges , Dehideniya and Gunaratne have to refuse to listen to the submissions of the senior state counsel ? the retired appeal court judge questioned. The AG surely is not a soothsayer to have intuition or special foresight to know on the same day about the petition that was going to be filed by Gota on 28 th.
Therefore the judges are bound to permit the AG to make his submissions on the following day .Even while Dilrukshi representing the AG was insistently pointing out that a unilateral decision cannot be taken without hearing both sides , the two judges ignoring the requests and most uncaringly delivered their erroneous judgment , the retired judge pinpointed.
The retired judge went on to forewarn with great concern ,if the appeal court is to conduct itself this way , in the future , never a day can a criminal investigation be duly conducted. That is because , so far a case proceeding has not begun in this regard. It is still at police investigation stage . Hence , when the police investigations are under way AG’s advice are obtained and reporting to the court via B report are done. The case is only finally filed when the investigations are at the end. It is after filing indictments and preparing the list of names of the suspects.
In connection with Gotabaya’s heinous crime of misappropriation of a whopping Rs. 91 million public funds to build a mausoleum for his parents , the investigations are still at the stage referred to in the foregoing paragraph , and the case has still not been filed.
In such circumstances , if an interim restraining order is issued by the appeal court to the police which are investigating and producing reports based on AG’s advice to courts , that is certainly going to obstruct the police from investigating crimes and will be a de –motivation, the retired judge went on to elaborate.
The chief justice should therefore take an immediate decision against these two unscrupulous judges for they have not only perverted the course of justice but also befouled the legal tenets through their professional misconduct and unethical corrupt move and motive , the retired judge insisted .
The retired judge showing grave concern for the judiciary whose image is being soiled by judges like Dehideniya and Gunaratne went on to highlight, the contention there is an oral civil agreement between the Land reclamation and development Board and the D.A. Rajapakse Foundation advanced by the petitioner is most ludicrous and ridiculous. He also asked where on earth do you get government Institutions entering into civil agreements , and in which country ? These two judges Dehideniya and Gunaratne who do not know even that basic law should be interdicted and sent packing, he observed.
by (2017-12-02 11:02:22)
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No wonder the UNHCR Resolution wanted Independent International Judges. This verdict proves
it. Could millions of rupees have changed hands - the SL method? What is the correct
course for the AGs Dept. now? Does this depend on MS/RW say-so only?
-- by punchinilame on 2017-12-02