President’s Counsel Saliya Pieris today informed Colombo Fort Magistrate’s Court that the Attorney General is not a person with special privileges.
Expressing his dissatisfaction regarding the Attorney General’s request to recall the summons issued to SSP Roshan Dias and ASP Nalin Dilruk, Mr Pieris said it is a flawed precedent for the Attorney General to obtain an ex-parte order through a motion when the Attorney General is not a party to a private plaint filed against two police officers.
On October 21, Colombo Fort Magistrate decided to issue summons to two police officers over a criminal accusation that they wrongfully prevented and obstructed a peaceful protest near Galle Face on October 10.
However, filing a motion before the court on Tuesday (01), Senior State Counsel Shaminda Wickrema appearing for the Attorney General moved the court to recall the summons issued against two senior police officers. He said the order to issue summons had been obtained by misrepresentation of facts.
Filing a motion in respect of a private plaint filed by journalist Tharindu Jayawardena, Mr Pieris said that the Attorney General should have informed the complainant or the complainant’s lawyer if the case had to be called by a motion.
Meanwhile, Saliya Pieris PC rejected the Attorney General’s submissions to the effect that the order to issue summons against two police officers had been obtained by misrepresentation of facts.
There was a peaceful protest by lawyers and professionals condemning police behaviour toward those who participated in a commemoration on October 9. This commemoration was to honour those who died and were injured in the Aragalaya protests.
According to Tharindu Jayawardena, police prevented the participants from proceeding further when they were entitled to do so because they had obtained prior permission.