Written by Bella Dalima
05 Dec, 2013 | 11:09 pm
The Matara Additional Magistrate announced on Thursday that the Chairman of the Capital Maharaja Oraganisation Limited is not required to appear before the Matara Magistrate’s Court on the 11th of this month.
The Additional Magistrate made this announcement when a motion filed on behalf of the Chairman of the Capital Maharaja Organisation Limited was taken up for consideration on Thursday.
Matara Additional Magistrate Manjula Karunaratne issued notice on November 25 on the Chairman of the Capital Maharaja Organisation Limited to appear in court on December 11, after considering a petition filed by United National Party Parliamentarian Mangala Samaraweera.
The order was sought under Section 81 of the Criminal Procedure Code Act No. 15 of 1979.
A motion filed against this at the Matara Magistrate’s Court was taken up for consideration on Thursday by Additional Magistrate Manjula Karunaratne.
Attorneys appearing on behalf of the Chairman of the Capital Maharaja Organization Limited pointed out that the request made by the petitioner under section 81 of the criminal procedure code does not provide sufficient grounds to issue notice on the respondent.
President’s Counsel Rienzie Arsecularatne noted that Mangala Samaraweera has already been named as a suspect in cases filed at the Matara Magistrate’s Court and this was even mentioned in his affidavit.
The President’s Counsel pointed out that there was no sufficient facts under Section 81 to issue notice on the respondents cited in the petition filed by Mangala Samaraweera.
Hence, President Counsel Rienzie Arsecularatne requested court to recall summons and for the case to be dismissed.
Taking this into consideration, the Matara Additional Magistrate stated that after submissions are made by the petitioner on the 11th of this month, a decision on the request made by the respondent will be made.
The Additional Magistrate further stated that the Chairman of the Capital Maharaja Organisation Limited is not required to be present in court on the 11th of this month and that it would be sufficient for attorneys to be present in court on his behalf.
President’s Counsel Rienzie Arsecularatna appeared with Attorneys-at-Law, G.G. Arulpragasam, U.R. De Silva, Wasantha Batagoda, Vishwa de Livera Tennakoon, Niranjan Arulpragasam and Nadi Sarathchandra instructed by Attorney-at-Law Ramyachandra Gunasekara for the respondent in the case.
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