HC rejects Hemasiri and Pujith’s preliminary objections
Posted on August 1st, 2019

Courtesy Adaderana

HC rejects Hemasiri and Pujith’s preliminary objections

The Colombo High Court today rejected the preliminary objections presented by attorney on behalf of former Defence Secretary Hemasiri Fernando and IGP Pujith Jayasundara stating that the High Court does not have the authority to hear the revision application filed by the Attorney General.

The Attorney General on July 18th 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 Fernando and Jayasundara, who were arrested for failing to prevent the terror attacks on Easter Sunday.

The former Defence Secretary and the IGP, who has been sent on compulsory leave, are charged with criminal negligence by failing to prevent the attacks despite the receiving of prior information on the impending suicide blasts, among other charges.

Delivering his decision High Court Judge Vikum Kaluarachchi stated that the magistrate had granted bail despite the fact that charges have been drawn under article 296 of the penal code. He pointed out that a magistrate’s court does not have the authority to grant bail to defendants charged with murder as only the High Court has the authority to do so. 

The HC Judge said that the preliminary objections will be rejected and permission will be granted to hear the petition as the Magistrate’s bail order could lead to a deviation of the law and thereby considering this as a special instance.

The court also ordered to present any objection pertaining to the petition before August 30 while the hearing of the petition was fixed for September 06

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