Dehideniya and Gunaratne’s interim order siding Gota is illegal ; cripples future police investigations –Judge

(Lanka-e-News - 02.Dec.2017, 4.30PM) The recent interim injunction order issued  by the two notorious judges Lakshman Tikiri Bandara Dehideniya and Shiran Gunaratne of the appeal court on the grounds that  the legal action filed against Gotabaya Rajapakse ought  not to be under the Public Property Act, thereby deflowering the sanctity of justice in broad daylight is an absolute contradiction of the law and a miscarriage of justice , as revealed by  a retired appeal court judge  to Lanka e news. If the courts are to make such erroneous decisions , soon the police will able paralyzed and will not be able to conduct criminal investigations, he added.  

The retired judge (we cannot  reveal his name right now) who knows very well about the sordid nature and unscrupulous  propensities of Dehideniya and Gunaratne made the aforementioned comments when Lanka e news asked for  his opinion on the judgment .

This learned judge declared the interim injunction order was unlawful on the grounds that ,  even before listening to the additional Solicitor General Ms. Dilrikshi Dias Wickremesinghe who was in court representing the Attorney General (AG),  the decision was announced by these two judges. In other words these two judges alias despicable stooges  even had refused to listen to   the AG’s views .  The fundamental rule of law – both sides must be heard had not been followed. 

The petitioners submitted the application  to appeal court on the 28 th, just a day  before the hearing. Hence , the AG in order to make his submissions sent a most  senior State counsel of his to court . While he has taken such a step , what is the legal right  these two judges , Dehideniya and Gunaratne have to refuse to listen to the submissions of the senior state counsel ? the retired appeal court judge  questioned. The AG surely is not a soothsayer to have intuition or special foresight to know on the same day  about the petition that was  going to be filed by Gota on 28 th.

Therefore the judges are bound to permit the AG to make his submissions on the following day .Even while Dilrukshi representing the AG was insistently pointing out  that a unilateral decision cannot be taken without hearing both sides , the two  judges ignoring the requests and most uncaringly delivered their erroneous judgment , the retired judge pinpointed. 

The retired judge went on to forewarn with great concern ,if the appeal court is to conduct itself this way , in the future , never a day can a criminal investigation be duly conducted. That is because , so far a case proceeding  has not begun in this regard. It is still at police investigation stage . Hence , when the police investigations are under way  AG’s advice are obtained and reporting to the court via B report are done. The case is only finally filed when  the investigations are at the end.  It is after filing indictments and preparing the list of names of the suspects. 

In connection with Gotabaya’s heinous crime of misappropriation of a whopping Rs. 91 million  public funds to build a mausoleum for his parents , the investigations are still at the stage referred to in the foregoing paragraph , and the case has still not been filed.

In such circumstances , if an interim restraining order is issued by the appeal court  to the police which are investigating and producing reports based on AG’s advice to courts , that is certainly going  to obstruct the police from investigating crimes and will be a de –motivation, the retired judge went on to elaborate. 

The chief justice should therefore take an immediate decision against these two unscrupulous judges for they have not only perverted the  course of justice but   also befouled the legal tenets through their professional misconduct and unethical corrupt move and motive , the retired judge insisted .
 
The retired judge showing grave concern for the judiciary whose image is being soiled by judges like Dehideniya and Gunaratne went on to highlight, the contention   there is  an oral civil agreement  between the Land reclamation and development Board and the D.A. Rajapakse Foundation  advanced by the petitioner is most ludicrous and ridiculous. He also asked where on earth do you get government Institutions entering into civil agreements , and in which country ? These two judges Dehideniya and Gunaratne who do not know even that basic law  should be interdicted and  sent packing, he observed. 

By Chandra Pradeep 

Connected report ..
Sanctity of justice deflowered by unscrupulous judges like Dehideniya and Gunaratne..! -Crooked Gota who robbed 91 million public funds encouraged not punished..!

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by     (2017-12-02 11:02:22)

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  1 discussion on this news

No wonder the UNHCR Resolution wanted Independent International Judges. This verdict proves it. Could millions of rupees have changed hands - the SL method? What is the correct course for the AGs Dept. now? Does this depend on MS/RW say-so only?
-- by punchinilame on 2017-12-02

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