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COLOMBO (News 1st); On Tuesday afternoon, Sri Lanka Police searched the Matara, Morawaka residence of former Chief of Staff to the President, Sagala Ratnayake, in a bid to locate former Inspector General of Police Deshabandu Tennakoon.
Sri Lanka Police stated that this search was conducted based on information received by the Matara Division Crimes Investigation Bureau.
At the same time, the Court of Appeal scheduled the order on the petition filed by Deshabandu Tennakoon seeking an interim injunction to suspend the arrest order against him, for next Monday.
The petition was reconsidered in the presence of the Court of Appeal bench comprising Acting President of the Court of Appeal, Justice Mohammed Laffar Tahir, and Justice Sarath Disanayake.
President's Counsel Dr. Romesh de Silva, appearing on behalf of petitioner Deshabandu Tennakoon, reiterated that it is illegal to issue an arrest order against his client, who is still serving as the Inspector General of Police.
The President's Counsel pointed out that the arrest order was issued based solely on a report submitted by the Weligama police.
Translation Of Excerpt:
"This is completely wrong. According to this section, a magistrate cannot issue such an order based solely on a report submitted by the police. No statement or record was taken from the petitioner before issuing this order. A notice should have been issued to the petitioner before making such an order."
Acting President of the Court of Appeal, Justice Mohammed Laffar, posed several questions to the President's Counsel.
Translation Of Excerpt:
"Did you meet the petitioner? Was the affidavit signed in Colombo or Matara?"
The President's Counsel avoided answering the judge's questions.
Justice Mohammed Laffar further questioned the President's Counsel, asking, "Can't the petitioner appear directly before the court and make a statement?"
Responding to this, President's Counsel Dr. Romesh de Silva stated:
"Your Honor, my client is willing to appear, but there is a risk of arrest and remand. If a guarantee is given that he will not be arrested, he is willing to cooperate with the investigations."
Justice Mohammed Laffar raised another question:
"If the petitioner appears before the court, the magistrate will issue an appropriate order. So, he has the opportunity to appear before the court, doesn't he?"
Responding to this, the President's Counsel stated:
"Your Honor, if a guarantee is given that he will not be arrested, he is ready to appear."
At this point, Additional Solicitor General Dileepa Peiris, appearing on behalf of the Attorney General, stated that such a guarantee cannot be given.
Translation Of Excerpt:
"On the 27th, officers from the Criminal Investigation Department visited his residence at Gangani Mawatha, Hokandara, where he resides. He and his family members were not present. However, the house is under the protection of the Special Task Force and VIP security officers. The petitioner will be arrested based on a court order. This is not a decision made by the police; it is a court order."
After considering the submissions, the Court of Appeal bench announced that the order on this petition will be issued on Monday, the 17th.