CA suspends order on army chief



Court of Appeal yesterday suspended its order issued on October 19 directing the Homagama Magistrate to summon Army Commander A.W.J.C. de Silva, the Director of Military Intelligence Corps and other officers for the recording of evidence in the ongoing inquiry into the disappearance of veteran journalist Prageeth Ekneligoda.

The Court suspended its earlier order sequent to moves by the Army Commander and the Director of the Military Intelligence Corps to file objections.
The Bench comprising Justices Vijith K. Malalgoda (President) and H.C.J. Madawala permitted them to file objections before December 8.

The Court had also had granted permission to add these army officers as added respondents in the Habeas Corpus application and issued notice on them returnable for yesterday.

Permission was granted pursuant to a motion stating that the petitioners had reliable information of several developments that have a direct bearing to this application.

The Habeas Corpus petition was filed on February 19, 2010 by Mr. Ekneligoda's wife Sandhya and his two children Bandara and Sooriyia.

Petitioners cited CID DIG Nandana Manasinghe, Homagama Police OIC, then IGP Mahinda Balasooriya, the Attorney General and missing journalist Prageeth Ekniligoda as respondents.

Chrishmal Warnasuriya appeared for the petitioners while Additonal Solicitor General Shavindra Fernando with State Counsel Shamindra Wickrama appeared for the State.

The petition is seeking a Writ order from the Court directing the police to produce Prageeth Ekneligoda in the Court of Appeal.

The petition is also seeking a writ order to be issued to respondents. (S.S. Selvanayagam)

 



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