The Court of Appeal today issued a writ of Prohibition preventing the
Nugegoda Magistrate from proceeding with the magisterial inquiry
against High Court Judge Gihan Pilapitiya in connection with a
telephone conversation he allegedly had with former Deputy Minister
Ranjan Ramanayake.
The Court of Appeal further issued a writ of certiorari quashing the
decision of Nugegoda Magistrate to name High Court Judge Pilapitiya as
a suspect pertaining to magisterial inquiry in connection with this
incident.
The Court of Appeal two-judge-bench comprising Justice Sobhitha
Rajakaruna and Justice Dhammika Ganepola made this order pursuant
to a writ petition filed by former High Court Judge Gihan Pilapitiya who
also sought an order preventing the IGP and his agents from arresting
him regarding this incident.
The Inspector General of Police had earlier informed Court that
investigations carried out against High Court Judge Gihan Pilapitiya had
not revealed sufficient evidence to proceed with the magisterial
inquiry.
The Court of Appeal has already issued an order directing police not to
arrest High Court Judge Gihan Pilapitiya without an order issued by a
competent Court.
In his petition, Petitioner Gihan Pilapitiya states that he filed this
Application in his capacity to safeguard his liberty as well as in the
interest of preserving the independence of the Judiciary and rule of
law.
The Petitioner says he is a Judicial Officer having been appointed on the
1st January 2003 and up to the time of his interdiction, was serving as a
Judge of the High Court of the Republic in Embilipitiya. The Petitioner
further stated that during his entire career as a Judge he served the
country and its people without any fear or favour and dedicated himself
for the cause of dispensing justice and upholding the law to the best of
his ability.
The Petitioner states that while serving as a High Court Judge the police
recovered several tape recordings from the premises of
Parliamentarian Ranjan Ramanayake. The Petitioner states that one of
such tapes related to a conversation between the Petitioner and the
said Ranjan Ramanayake.
The Petitioner states that he received a letter dated 8th January 2020
from the Judicial Services Commission asking him to explain. The
Petitioner states that as per newspaper reports, the Judicial Services
Commission (JSC) has recommended the interdiction of the Petitioner
to the President. The Petitioner states that subsequently, the President
interdicted the Petitioner.
The Petitioner states that he is not guilty of any offence under the law.
The Petitioner states that it was in the public media that an Officer of
the Attorney General’s Department known as herself the “Coordinating
Secretary to the Attorney General” has stated that the Attorney
General has directed the Petitioner to be arrested.
The Petitioner states that it is reported in the press that the Attorney
General has called for an explanation from the 1st Respondent to carry
out the orders of the Attorney General to arrest the Petitioner. The
Petitioner states that it was reported in the press that the Attorney
General is not satisfied with the explanation given by the IGP.
