Written by Staff Writer
09 Oct, 2019 | 7:49 pm
COLOMBO (News 1st) – Pujith Jayasundara and Hemasiri Fernando were initially remanded over the April 21st attacks and were later granted bail by the Magistrate’s Court on the 09th of June.
However, the order to grant bail was dismissed today by Colombo High Court Judge Vikum Kaluarachchi.
The High Court determined the Magistrate’s bail order contained serious legal errors and was in violation of the law, and thereby ordered the Colombo Chief Magistrate to take measures to remand the suspects.
Delivering a lengthy verdict in court, which lasted almost an hour, Justice Kaluarachchi stated that in granting bail, the magistrate’s court had exercised a power which it did not have.
The Justice also noted that the bail order was issued without paying attention to Section 13 of the Bail Act and that the order infact shocked the very conscience of court.
The verdict also read that granting bail to the two suspects whose statements were recorded, charged with serious offenses such as murder and conspiracy to commit murder by the attorney generals department and arrested by the CID, represents a clear deviation from the law.
The High Court Justice also noted that it is the duty of the Court to heed the advice provided by the attorney generals department adding that the Magistrates court has no power to issue orders to the attorney general’s department.
Justice Kaluarachchi went onto state that the learned magistrate had overstepped her jurisdiction by only taking into account certain documents from an ongoing investigation to arrive at the conclusion that the suspects cannot be prosecuted under Article 296 of the penal code.
The justice emphasized that legal action should be taken against al officials who disregard the safety and security of the general public.
Deputy Solicitor General Dilipa Peris who appeared on behalf of the AG’s department requested the High Court to allow for this case to be heard in a different magistrates court.
Peris also pointed out to the court that the CID began investigations, based on the advice of the Attorney General’s department, into the entire process and that the investigation did not target the 2 suspects.
The Deputy Solicitor General added that they would be taking stern legal action against all senior police officials who disregarded their duty, regardless of rank.
IGP Pujith Jayasundara, who is on compulsory leave, and former Defense Secretary Hemasiri Fernando were remanded until the 23rd of October by Colombo Chief Magistrate Lanka Jayaratne.
The Colombo Chief Magistrate issued the order following an order made by Colombo High Court Judge Vikum Kaluarachchi this morning.
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