11 March 2020 01:53 pm Views - 814
By S.S. Selvanayagam
The Court of Appeal yesterday fixed for today the writ petition filed by former finance minister Ravi Karunanayake, Arjun Aloysius and two others challenging the warrant issued for their arrest in connection with the Central Bank bond scam.
Mr. Karunanayake says as such he is entitled to a writ of certiorari to quash the Magistrate’s order
The Bench comprised Justices A.H.M.D. Nawaz (President/CA) and Arjuna Obeysekere.
Faisz Musthapha PC with Rienzie Aresecularatne PC, Shaveendra Fernando PC, Senani Dayaratne, Faiza Markar, Riad Ameen instructed by Gowry Shangary Thavarasha appeared for Mr. Karunanayake while Navin Marapana PC instructed by Sanath Wijewardana appeared for Arjun Aloysius and Manoj Bandara with Asitha Gamage instructed by Sudath Perera Associates appeared for Central Bank Employees Saman Kumara and S.Pathumanapan.
Deputy Solicitor General Milinda Gunatilake appeared for the Attorney General and Acting IGP.
The petitioners cited the AG, acting IGP C.D. Wickramaratne, OIC of the Financial Investigation Unit 1 of the CID, SSP Ampavila, Fort Magistrate Ranga Dissanayake and the Registrar of the Fort Magistrate’s Court as the respondents.
Mr. Karunanayake in his petition states he has a significant role in spearheading the election campaign of the United National Party (UNP) at general election to be held on April 25.
He said he intended contesting at the election and therefore needs to carry out his election campaign for this purpose.
Mr. Karunanayake states that the Report at Section 19.5.4 of the Report refers to the meeting held on March 28, 2016. According to the Report of the Commission of Inquiry the meeting was chaired by him in the capacity of Finance Minister.
He said notwithstanding the fact that he was the Finance Minister at the time, neither the Central Bank of Sri Lanka nor the State Banks came under his purview and neither these banks nor were their officers obliged to concur or give effect to his inclinations, if any.
Mr. Karunanayake states that it should be assumed that the said officers may have been acting on the directions and dictates of persons who in fact held legal powers of supervision and direction over them, and not by him and maintains that the he appeared before the Commission merely as a
witness, and not as a person concerned and/or implicated in any of the matters investigated by the Commission. He claims that the Magistrate’s order dated March 6, 2020 issuing the arrest warrant is illegal, ultra vires and made without jurisdiction.
Mr. Karunanayake says as such he is entitled to a writ of certiorari to quash the Magistrate’s order and a writ of prohibition preventing the respondents and/or any person acting under their directions, from executing the arrest warrant.
He is asking Court to issue a writ of certiorari quashing the decisions/instructions of the Attorney General and a writ of prohibition restraining the respondents and/or any persons acting under the directions of any one or more of them from executing the arrest warrant.
Mr. Karunanayake is also seeking a Court order to quash the certificate filed by the 4th respondent SSP in Colombo Fort Magistrate’s Court Case No. B/16089/2020, purportedly acting under Section 8 of the Offences Against Public Property Act, No. 12 of 1982.
He seeking an interim order staying the execution of the order until the final determination of the application.