The Court of Appeal today directed the Superintendent of Prisons to submit a report on the health condition of former CID Director Shani Abeysekara before May 25.
A Court of Appeal bench comprising Justice Nissanka Bandula Karunaratne and Justice S. Kumararatnam made this order following the revision application filed on behalf of the former CID Director was taken up for inquiry.
Through this petition, Shani Abeysekara is seeking an order to enlarge him on bail.
When the application came up before the Court of Appeal, Additional Solicitor General Rohantha Abeysuriya, on behalf of the Attorney General, sought a further date to file objections.
However, senior counsel Viran Corea appearing on behalf of Shani Abaysekara, raised objections to this move and reiterated the importance of hearing this petition as early as possible due to the deteriorating health condition of the client.
He submitted to the court that his client is, to undergo cardiac surgery and it cannot be, done while being in remand custody.
Taking these matters into consideration, the Court of Appeal decided to call for a medical report on the applicant’s health condition and fixed the application to be heard on June 4. The Attorney General was directed to file his objections on May 27.
Shani Abaysekara was arrested and remanded for allegedly fabricating evidence in the murder of businessman Mohammed Shiyam.
Meanwhile, the revision application filed by Sub Inspector Sugath Mendis seeking an order to release him on bail was also fixed for inquiry on June 4.
Filing revision applications through their lawyers, the petitioners requested the Court of Appeal to revise and set aside Gampaha High Court’s order to refuse bail and sought an order to grant bail to the petitioners on any condition that court shall seem fit. The Gampaha High Court had refused to release them on bail on the 8th of December, 2020.
The petitioners stated that given the COVID-19 pandemic coupled with conditions in the prison system, their physical health, safety and, lives are at an aggravated risk. By keeping in the remand prison, they have already been exposed and contracted COVID-19 while in remand. They stated they were fortunate to have survived the pandemic.
Shani Abeysekara had been arrested by CCD for allegedly fabricating evidence in the murder of businessman Mohammed Shiyam in 2013, in which then DIG Vass Gunawardena and several others were sentenced to death for committing and conspiring to commit murder.
