Deshabandu’s writ petition against magisterial inquiry reserved for judgement

By Lakmal Sooriyagoda  

The writ petition filed by Senior DIG Deshabandu Tennakoon challenging the magisterial inquiry and issuance of summons against him was yesterday reserved for judgement by the Court of Appeal. 

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.  

The Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar fixed the petition for judgement to be delivered on June 23.  

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

According to this order the Magistrate had been prevented from taking any steps including requiring Senior DIG Tennakoon to stand in the dock. 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.  
Senior State Counsel Shamindra Wickrema appeared for Magistrate Thilina Gamage. President’s Counsel Romesh de Silva appeared for Deshabandu Tennakoon.