Revision against granting bail to Pujith & Hemasiri fixed for support
July 23, 2019 10:55 am
The revision application filed before the Colombo High Court against the Colombo chief magistrate’s order granting bail to IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando is scheduled to be considered on August 1st, says Ada Derana correspondent.
When the revision application was taken up before the Colombo High Court Judge Vikum Kaluarachchi today (23), the respondents of the revision, former Defence Secretary Hemasiri Fernando and IGP Pujith Jayasundara appeared before the court.
Attorney General filed a revision application requesting the Colombo High Court to issue an interim order against the granting of bail by the Colombo Magistrate’s Court to the suspects, who were arrested for failing to prevent the terror attacks on Easter Sunday.
Speaking on behalf of the respondents of the revision application, President’s Counsels Anuja Premaratne and Anura Meddegoda stated that their clients decided to present themselves before the court although they have not received notices.
PC Meddegoda requested the court to set a date to confirm the fact mentioned in the revision application citing that he is slated to attend a hearing taken up before the Supreme Court.
Accordingly, the Colombo High Court ordered to fix the revision petition for support on the 1st of August.
Appearing on behalf of the Attorney General, Deputy Solicitor General Thusith Mudalige told the HC judge that he expects the court to deliver an interim order suspending the ruling of the Colombo chief magistrate which granted bail to the respondents.
The revision application has pointed out that the chief magistrate has delivered the bail order by misinterpreting the law.
Highlighting the chief magistrate’s ruling the Attorney General pointed out in the revision petition that there is no legal responsibility to record statements from a suspect before arresting them and as the charges mentioned in the B report are adequate to arrest the suspects.
Stressing that the chief magistrate dismissal of the murder charges filed against the two suspects is against the law, the Attorney General elaborated that the duo’s failure to act on the forewarnings received on the attacks led to a large number of demises in the attacks as well as massive property damages.
Hence, the revision application has emphasized that the chief magistrate’s decision to dismiss the murder charges against the IGP and the former defence secretary is illegal, unjust, unfair and arbitrary.
The revision petition further alleges that the chief magistrate had mentioned that the intelligence information received by Jayasundara and Fernando were unconfirmed, and as a result, her ruling has arbitrarily disregarded specific intelligence information.
Although the chief magistrate stated that granting bail was based on several other court rulings, there is no indication that murder suspects can be granted bail, the Attorney General further says.
Citing the chief magistrate’s ruling, the Attorney General has said that he has only instructed the relevant authorities to take necessary action against the suspects and he has not advised the chief magistrate to seek the Attorney General’s advice on the matter.
The Attorney General hence concluded that the chief magistrate’s granting of bail to the IGP and the former defence secretary is against the law and has sought an interim order suspending the ruling of the chief magistrate.
On July 18th, the Attorney General filed a revision application requesting the Colombo High Court to issue an interim order against the granting of bail by the Colombo Magistrate’s Court to the suspects, who were arrested for their failure to prevent the Easter Sunday attacks.
Jayasundara and Fernando were informed to appear before the Criminal Investigation Department (CID) on July 02. However, the IGP was admitted to the Police Hospital in Narahenpita while the former Defence Secretary was admitted to the Coronary-Care Unit (CCU) at the National Hospital Colombo that morning over sudden illnesses.
A group of CID officers visited both hospitals later and arrested the duo in the evening of the same day while they were placed in remand custody.
Jayasundara and Fernando were released on bail by the Colombo Chief Magistrate Lanka Jayaratne on July 09.
Announcing the bail order, the chief magistrate stated that the information presented at the Special Presidential Commission of Inquiry probing the terror attacks on Easter Sunday cannot be considered at the magistrate’s court proceedings.