The Court of Appeal yesterday terminated court proceedings pertaining to the writ petition filed by former Defence Secretary Gotabhaya Rajapaksa over an FCID inquiry that the D.A. Rajapaksa Museum and Memorial in Medamulana was built using public funds amounting to Rs.33.9 million.
President’s Counsel Romesh de Silva appearing for the petitioner sought the court’s permission to terminate the Court proceedings. The Attorney General did not raise objections for the move.
The Court was informed that the Attorney General had filed indictments against seven persons including former Defence Secretary Gotabhaya Rajapaksa in the Permanent High Court-at-Bar regarding this incident.
The Court of Appeal had earlier issued an Interim Order preventing Police from acting against Gotabhaya Rajapaksa under the Public Property Act over this incident. On a previous occasion, the Court of Appeal had upheld the petitioner’s version that the certificate issued under Section 8(1) of the offences against the Public Property Act is ultra vires or violative of petitioner’s legitimate expectations.
Rajapaksa cited IGP Pujith Jayasundara, CID Director Shani Abeysekara, FCID Director Ravi Waidyalankara and the Attorney General as respondents.
Rajapaksa also seeks an order in the nature of a writ of prohibition preventing the respondents from proceeding or relying upon the certificate filed under and in terms of Section 8(1) of the offences against the Public Property Act against him.
President’s Counsel Romesh de Silva appeared for Gotabhaya Rajapaksa. Additional Solicitor General Viraj Dayaratne appeared for the Attorney General.
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