FR application by retired HC Judge against PCoI fixed for argument

• Petitioner states that she was not summoned to appear before the Commission and did not receive any notice or summons to appear

By Lakmal Sooriyagoda

A fundamental rights application filed by retired High  Court Judge Padmini Ranawaka challenging the findings of the  Presidential Commission of Inquiry relating to controversial telephone  conversations with former Deputy Minister Ranjan Ramanayake has been  fixed for February 26 for further argument by the Supreme Court.  
The petitioner, retired High Court Judge Padmini Ranawaka  was a member of three-judge-bench which handed down the death sentence  to five accused including former Parliamentarian Duminda Silva for the  murder of Bharatha Lakshman Premachandra.   

By a majority judgement of the Petitioner and High Court  Judge M.C.B.S. Moraes found Duminda Silva and other accused guilty of  the murder of Bharatha Lakshman Premachandra and four of his associates  on October 08, 2011.  
The petitioner stated that the father of Duminda Silva had  lodged a complaint before the Presidential Commission of Inquiry  appointed to probe incidents of political victimization naming her as a  respondent in connection with the telephone conversations with former  Deputy Minister Ranjan Ramanayake.  
The Petitioner states that, at no time during the sittings  of the said Commission, which commenced in January 2020 and concluded on  25th November 2020, was the Petitioner ever summoned to appear before  the same, whether as a witness or in any other capacity, and that she  had not received any notice or summons to appear before the said  Commission at any time.   

The retired High Court Judge further sought an order  staying the operation of the findings and recommendations contained in  the Final Report of the Presidential Commission.  

The Supreme Court three-judge-bench comprised Justices Vijith Malalgoda, Achala Wengappuli and Arjuna Obeysekere.  Counsel Nilshantha Sirimanne with Deshara Goonetilleke  appeared for the Petitioner, the retired Judge. Ikram Mohamed PC  appeared for the first respondent, Upaly Abeyrathne Chairman and member  of Presidential Commission. Additional Solicitor General Nerin Pulle  appeared for the Attorney General and the Bribery Commission. Anuja  Premaratne PC for the father of Duminda Silva.