3 November 2022 09:29 am Views - 132
By Lakmal Sooriyagoda
President’s Counsel Saliya Pieris yesterday informed Colombo Fort Magistrate’s Court that the Attorney General is not a person with special privileges.
Expressing his dissatisfaction regarding the Attorney General’s request to recall the summons issued on SSP Roshan Dias and ASP Nalin Dilruk, Mr. Pieris said it is a bad precedent for the Attorney General to obtain an ex-parte order through a motion when the Attorney General is not a party in a private plaint filed against two police officers.
On October 21, Colombo Fort Magistrate decided to issue summons on two police officers over a criminal accusation that they wrongfully prevented and obstructed a peaceful protest near Galle Face on October 10.
However, filing a motion before court on Tuesday (01), Senior State Counsel Shaminda Wickrema appearing for the Attorney General moved court to recall the summons issued against two senior police officers. He said the order to issue summons had been obtained by misrepresentation of facts.
Filing a motion in respect of a private plaint filed by journalist Tharindu Jayawardena, Mr. Pieris said that the Attorney General should have informed the complainant or the complainant’s lawyer if the case had to be called by a motion. Meanwhile, Saliya Pieris PC rejected the Attorney General’s submissions to effect that the order to issue summons against two police officers had been obtained by misrepresentation of facts.
A group of lawyers and professionals had organized a peaceful protest condemning the police behaviour towards the participants who engaged in a protest on October 9 to commemorate the people who died and injured while being involved in the Aragalaya protests.
In his private plaint, Tharindu Jayawardena said police prevented the participants from proceeding further in which they have a right to proceed as they sought prior permission.