AG De Livera demands explanation over failure to obtain warrant against HCJ Pilapitiya

AG De Livera demands explanation over failure to obtain warrant against HCJ Pilapitiya

AG De Livera demands explanation over failure to obtain warrant against HCJ Pilapitiya

Written by Zulfick Farzan

07 Feb, 2020 | 5:28 pm

Colombo (News 1st): Attorney General Dappula De Livera has directed the Acting IGP to submit an explanation before Monday with regard to the non-compliance with his advise to invoke the judicial process in connection to interdicted High Court Judge Gihan Pilapitiya.

According to the letter, the Attorney General said the evidence makes it clear the first and second suspects – MP Ranjan Ramanayake and Gihan Pilapitiya had conspired to prepare fabricated evidence to be used in a judicial proceeding.

The AG noted it is also clear, the suspects had discussed among themselves on refusing bail to a separate suspect and sending him into remand custody, while Gihan Pilapitiya was serving as a Magistrate.

In addition, before Interdicted High Court Judge Gihan Pilapitiya was named as a suspect, he had admitted it was his voice in the controversial recording, when he was providing a statement to the Colombo Crimes Division.

The AG said he gave instructions to Police to obtain a warrant from court in accordance with the provisions in the code of criminal procedure, arrest the suspects , record statements and produce them in court.

Attorney General Dappula De Livera said, as legal proceedings need to be instituted at preliminary stage he requested for the warrants to be obtained after considering the evidence and legal matters which need to be produced in court.

Attorney General Dappula De Livera said the he advised the police to invoke the judicial process as the first instance and requested for the warrant to be obtained after considering the evidence and legal matters, which need to be decided by court.

In the letter he stressed, the directives were issued in accordance with Article 12(1) of the constitution which claims all persons are equal before the law and are entitled to the equal protection of the law.

Attorney General Dappula De Livera has cautioned the Acting IGP on the possible violation of the said article as well as article 12(2) which claims No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds.

The Attorney General demanded the Acting IGP to provide an explanation as to why the basic process of obtaining a warrant against Interdicted High Court Judge Gihan Pilapitiya was not followed.

In his letter, the Attorney General noted the first suspect, MP Ranjan Ramanayake had committed an offence by influencing and attempting to influence the power of a Judge to enforce his judicial power while the second suspect Gihan Pilapitiya had committed an offence by conspiring with the first suspect to prepare fabricated evidence to be used in a judicial process in terms of section 190 of the Penal Code.

The Attorney General had given instructions to name them as suspects in respect of the provisions of the constitution of the country and the penal code and the main reason to do so, was the telephone conversation between Ranjan Ramanayake and Gihan Pilapitiya.

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