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| Wednesday, 15 December 2004 |
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SC grants special leave, Hearing fixed for March 28 The Supreme Court granted Special Leave in the appeal seeking to set aside the order of the Court of Appeal judgement that enlarged former Telecom Chairman Thilanga Sumathipala on bail. The court fixed hearing for March 28, 2005, before a Bench of five Supreme Court Judges. The Bench comprised Chief Justice Sarath N. Silva PC and Justices T. B. Weerasuriya and Raja Fernando. Respondents-petitioners Attorney General, the Inspector General of Police, the Director CID and the OIC of the Anti-Human Smuggling Unit cited Thilnga Sumathipala as the petitioner-respondent. Senior State Counsel Yasantha Kodagoda submitted that the application for Special Leave had been filed primarily on the basis that there were serious errors of law both in the majority and the minority judgment of the Court of Appeal that had given rise to far reaching implications in the administration of Criminal Justice. The Senior State Counsel however submitted that the petitioners did not want a reversal of the status quo in relation to the respondent and the respondent who had been on bail for the last six months could remain so long as there was no violation of the conditions of bail whatever be the outcome of the appeal. In view of the submission, President's Counsel for the respondent did not object to granting of Leave on the substantial questions of law. Petitioners stated that the Court of Appeal had enlarged Sumathipala on bail on June 18. They stated that in terms of the Criminal Procedure Act and the Immigrant and Emigrant Act the Court of Appeal did not have the jurisdiction to entertain the application. Even if the court did have the jurisdiction, the facts and circumstances pertaining to the application would not warrant the court to grant bail. President's Counsel D.S. Wijesinghe with Naveen Marapana appeared for Thilanga Sumathipala. |
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