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Sumathipala's revision application:

Hearing put off for Jan.26

by Sandasen Marasinghe

Colombo High Court Judge Eric Basnayake yesterday put off hearing of the Revision Application filed by Chairman Sri Lanka Telecom and Sri Lanka Cricket President Thilanga Sumathipala for a stay order against the orders made by the Colombo Additional Magistrate remanding him and issuing summons on him,for January 26.

Thilanga Sumathipala is charged with aiding and abetting to send Dhammika Amarasinghe to England to watch the World Cup cricket series on a forged passport.

The petitioner cited the Officer in Charge of the Immigration and Emigration Unit, CID, Inspector Mevan Silva, Senior SP D. Y. S. Samaratunga, CID, Director Senior SP Sisira Mendis, the Solicitor General and the Attorney General as respondents.

President's Counsel Rienzie Arsacularatne, Senior Counsel for the petitioner submitted that the respondents had not appeared before the court.

There was no evidence to state whether the respondents had received notices. According to the Supreme Court rules (2) when issuing a stay order, notice should be handed over to the respondents.

The petition stated that he was released by the Colombo Additional Magistrate on December 8, 2003. Subsequently, the court issued notice on him on December 10, 2003. Later he was remanded by the Colombo Additional Magistrate on January 19.

The orders made on December 10 and December 19 were not valid. If the court did not cancelled the Magistrate orders, an irreparable loss could be caused to his client, the senior Counsel said.

The petitioner further stated that he was released and then was taken into remand custody on the same grounds without any additional evidence by the Magistrate Court and it was illegal.

He prayed Court to issue a stay order until the final determination of the application before court.

Senior State Counsel Yassantha Kodagoda, Priyantha Navana, State Counsel Amendra Senaviratne, Dulip Jayakody and State Counsel Sepala Ratnayake appeared for Solicitor General and Attorney General Rienzie Arsacularatne, Saliya Pieris, Haren Gomes, Wasantha Batagoda, Priyantha Upali Amarasinghe and Thejitha Koralage appeared for the petitioner.

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