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| Saturday, 19 June 2004 |
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by Indeewara Thilakarathne The Court of Appeal yesterday granted bail to Thilanga Sumathipala in a sum of Rs 250,000 with three sureties (Government servants drawing a monthly salary of more than Rs 20,000). The Court also ordered the petitioner to handover his passport to the Registrar of the Court of Appeal. The verdict was sequel to a bail application filed by Chairman Sri Lanka Telecom Thilanga Sumathipala. The petitioner was also ordered to report to the Director CID on a second Saturday once a fortnight. The Divisional Bench that unanimously pronounced the verdict, held the view that the Court of Appeal has jurisdiction to entertain an application for bail made under the Emigration and Immigration Act, in terms of Article 138 (1) of the Constitution. The Bench comprised Justices Andrew Somawansa, K.Siripavan and Gamini L Abeyarathne. Delivering the verdict Justice K. Siripavan observed that in terms of the Article 13 (5) of the Constitution, it is presumed that a person is innocent until proved guilty. He also observed that a generous and purposive approach is necessary in the process of building democratic traditions and that a citizen must be remedied by Court. In deciding what is just, reasonable or wise, a Court must act with responsibility and self restraint. The petitioner Sumathipala is the second accused in the Magistrate 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. D.S Wijesinghe PC with D.P Kumarasinghe PC , Denzil Gunaratne, Kolitha Darmaratne, Naveen Marapana, Sampath Zoysa, Ajith Jayathunga instructed by Priyantha Amunugama appeared for the petitioner Thilanga Sumathipala. |
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