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| Thursday, 10 June 2004 |
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Thilanga Sumathipala bail application: Documentary proof on Criminal Procedure Code Enactment sought from Parliament by Indeewara Thilakarathne The Court of Appeal bench hearing the bail application filed by Sri Lanka Telecom Chairman Thilanga Sumathipala yesterday sought the Secretary- General of Parliament's certification to adduce documentary proof with regard to the Enactment of the 16th Amendment to the constitution, to ascertain which version of (Sinhala or English) Section 404 of the Code of Criminal Procedure Act prevails in law. The directive was sequel to a question raised by the State over discrepancies in Sinhala and English versions of the Act. The bench comprised justices Andrew Somawansa, K. Sripavan and Gamini L Abeyrathne. Deputy Solicitor General Palitha Fernando submitted that according to the Supreme Court judgement of Benwell vs Attorney General, Section 404 of the Code of Criminal Procedure (CCP) does not confer original jurisdiction on the Court of Appeal. However he submitted that Section 19 of the Prevention of Terrorism Act (PTA) confers original jurisdiction on the Court of Appeal in respect of application for bail pending appeal after conviction. He observed as suggested by the Counsel for the petitioner, if Section 404 of the CCP confers original jurisdiction on the Court of Appeal, the special provisions brought in Section 19 of the PTA would be redundant. He submitted that the intention of the legislature should always prevail in the interpretation of law. According to Section 47 as amended in 1998 of Emigration and Immigration Act, no person accused of committing an offence under Emigrant and Immigrant Act shall be granted bail under any circumstances. He also submitted that as the Court of Appeal has no original jurisdiction this application should be withdrawn. Counsel for the petitioner D.S Wijesinghe PC questioned the State's bona fides in hearing this application. He noted that upto now the State has not taken up the question whether the Court of Appeal has the jurisdiction to entertain the bail application. He further submitted that the petitioner was only a suspect at the time of filing the application. He also observed that the word "any" in the wording of Section 404 of the CCP excludes exceptions and that clauses "not withstanding to any law contrary in this court" or "any other law" even apply to the Emigration and Immigration Act. In this application the petitioner, Chairman Sri Lanka Telecom and former President Sri Lanka Cricket Thilanga Sumathipala has cited IGP, the Director Criminal Investigation Department, OIC Anti-Human Smuggling Unit and the Attorney General as respondents. Petitioner Sumathipala is the second accused in the Magistrate's Court case where he is being charged for aiding and abetting Dhammika Amarasinghe to forge a passport in the name of Buddhika Priyashantha Godage and aiding and abetting Dhammika Amarasinghe to travel abroad using the forged passport. Further hearings were put off for June 15, 2004. |
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