Court of Appeal advises Bathiyutheen to appear in court next year

Court of Appeal advises Bathiyutheen to appear in court next year

Written by Bella Dalima

06 Dec, 2013 | 10:19 pm

The Court of Appeal on Friday, advised Minister Rishad Bathiyutheen to appear in court on  March 14, next year, in relation to a contempt of court case against him.

The Court of Appeal issued this advise after considering a petition that had been filed by six lawyers.The petition was taken up before Court of Appeal Judges Sisira de Abrew and P.W.D.C. Jayatilleka.

Although the Mannar Magistrate and the Former Secretary of the Judicial Service Commissioner were due to testify in court today, neither had appears as the court had not issued summons on them. The President’s Counsel appearing for the petitioners sought a postponement as a result.

Opposing this request, Counsel appearing for the accused respondent, pointed out that the petition should be quashed as the first plaintiff had not attended court.

The President’s Counsel, opposed the quashing of the petition pointing out that the Mannar Magistrate is not the petitioner.

Following extensive submissions made by both parties, the bench quashed the request of the accused respondent and ordered that the petition be taken up once again on  March 14, 2014.

The bench also ordered the registrar to issue summons on the Mannar Magistrate and the Former Secretary to the Judicial Serice Commission, to be present in court to testify on that date.

President’s Counsel Romesh de Silva and Attorneys-at-Law G.G. Arulpragasam, Sugath Caldera, Neranjan Arulpragasam and Vishwa de Livera Tennakoon appeared for the petitioners on the instruction of Attorney-at-Law Lilanthi de Silva.

President’s Counsels Faiz Mustapha and M.M. Zuhair and Attorney-at-Law M.M. Shaheed appeared for the accused respondent.

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