Appeals Court issues interim order against Magistrate’s ruling
June 2, 2025 01:57 pm
The Court of Appeal today (June 2) issued an interim injunction suspending the implementation of a notice issued by the Colombo Magistrate’s Court, which had directed officers of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to appear before the Magistrate’s Court tomorrow (June 3).
The Magistrate’s notice had been issued in connection with the commission’s summoning of a lawyer to provide a statement.
The interim order is effective until July 23 and was issued after considering a petition filed by the CIABOC.
The order was delivered by a bench comprising the Acting President of the Court of Appeal, Justice Mohamed Lafar Tahir, and Justice Priyantha Fernando.
Appearing for the Commission, the Assistant Director General of CIABOC stated that the Colombo Chief Magistrate’s Court had issued a directive summoning CIABOC officers regarding a notice served on an attorney to appear before the commission and provide a statement as part of an ongoing investigation.
She argued that the Magistrate’s Court lacks the jurisdiction to issue such an order under the provisions of the Bribery Act, asserting that only a court vested with proper legal authority can do so.
Additional Solicitor General Shanil Kularatne, appearing on behalf of the Attorney General, noted that the matter could potentially be resolved amicably.
He informed the court that the commission has already issued a notice withdrawing the requirement for the said attorney to record a statement, thereby paving the way for a possible settlement of the petition.
Accordingly, after considering the facts presented by both parties, the Court of Appeal bench proceeded to issue the interim injunction.
The initial notice from the Colombo Chief Magistrate’s Court had been issued after hearing arguments from attorneys objecting to the Bribery Commission’s summons issued to Attorney-at-Law Gunaratne Wanninayake, requesting him to appear before the commission to provide a statement in connection with an investigation.
