Court of Appeal suspends summons and inquiry against Deshabandu Tennakoon

By. Lakmal Sooriyagoda

The Court of Appeal yesterday issued an interim order suspending the operation of summons issued by Colombo Fort Magistrate on Western Province Senior DIG Deshabandu Tennakoon.

The Court of Appeal further issued an interim order staying the proceedings against DIG Tennakoon in the Fort Magistrate’s Court until the final hearing and determination of this writ application.  

On January 26, the Colombo Fort Magistrate’s Court had issued summons on Deshabandu Tennakoon to appear before Court on February 16 over a criminal accusation that he had allegedly aided and abetted to commit criminal breach of trust with regard to Rs.17.8 million recovered by protesters inside the President’s House on 9th July.  

Court of Appeal two-judge-bench comprising Justices Nissanka Bandula Karunaratne and Justice R. Gurusinghe made this order after considering a writ petition filed by Senior DIG Tennakoon challenging the magisterial inquiry and issuance of summons against him. According to this order the Magistrate has been prevented from taking any steps including requiring Senior DIG Tennakoon to stand in the dock until the final hearing and determination of this petition.  

Colombo Fort Magistrate Thilina Gamage decided to name Senior DIG as an accused in a private plaint filed by activist Mahinda Jayasinghe as per the provisions of the section 136(1) (a) of the Code of Criminal Procedure Act.  

Romesh de Silva PC with Counsel Sugath Caldera and Niran Ankitell instructed by Sanath Wijewardane appeared for Deshabandu Tennakoon.