Written by Staff Writer
13 May, 2015 | 8:14 pm
The supreme court has issued an interim order preventing the arrest of Former Defense Secretary Gotabhaya Rajapaksa. The order was issued when a Fundamental rights petition was filed with the Supreme Court citing an attempt to apprehend him.
The FR petition which was scheduled to be taken up before the bench comprising of justices Sarath De Abrew, Eva Wanasundara and Bhuwaneka Aluvihare. However earlier on Wednesday (May 13th) justice Aluvihare stepped down from the bench citing personal reasons.
Thereby the FR petition filed by Gotabaya Rajapaksa was taken up before Justices Sarath De Abrew and Eva Wanasundara.
President’s Counsel Romesh De Silva appearing on behalf of Gotabaya Rajapsaka informed court of an attempt to arrest his client by the Police Financial Crimes Investigations Division (FCID) that was established through a gazette notification following a cabinet decision.
The attorney argued that through this gazette the Cabinet Sub-Committee has been vested with Police powers. He pointed there is no legal provision to vest a such a body with Police Powers adding that as a result the FCID is acting based on political influences.
Deputy Solicitor General Arjun Obeysekara pointed out that despite the Gazette that was issued with Cabinet approval, all investigations are carried out by the Police. He went on to note that such a petition should be termed as void at a time when no decision had been reached to make an arrest and added that the IGP can establish the Special Unit based on requirements.
After taking into consideration the arguments presented the Supreme postponed the hearing to the 6th of October and issued an interim order citing that Gotabhaya Rajapaksa cannot be arrested until proceedings of the FR petition conclude.
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