June 14, Colombo: The Court of Appeal on Thursday again extended the interim injunction issued earlier preventing police from taking legal actions against former Defense Secretary Gotabhaya Rajapaksa under Public Property Act.
The two-judge bench of Appeal Court Chairman Preethi Padman Surasena and Justice Shiran Gunaratne extended the stay order when they considered the writ petition filed by Gotabhaya Rajapaksa today.
The stay order on the FCID preventing any action against former Secretary of Defense was initially issued on November 29, 2017.
The bench also ordered not to apply the certificate filed by the Financial Crimes Investigation Department (FCID) in the Colombo Magistrate's Court against Mr. Rajapaksa.
When the petition was called today, the petitioner and the Attorney General had established several agreements that had been agreed before in front of the court in writing.
Accordingly, the Attorney General's side informed the Court that the petitioner Gotabhaya Rajapaksa would not be produced in court under the Public Property Act.
Considering the submissions, the Court of Appeal stated that the petitioner had to appear before the court when the magistrate court has received a notice.
Also Gotabhaya Rajapaksa was ordered to appear before the FCID on the 25th and make a statement on the charges.
Thereafter, the Court of Appeal ruled that the petition will be taken up on July 25.
The Financial Crime Investigations Division has filed a case charging that Gotabhaya Rajapaksa has committed an offense under the Public Property Act in constructing the Museum and Memorial in Medamulana using public funds amounting to Rs.90 million.
Gotabhaya Rajapaksa had filed a writ petition with the Court of Appeal seeking an interim order preventing the police from arresting him.
The petitioner says the certificate issued by the FCID under section 8(1) of the offences against the Public Property violates the law and requested the court to issue a writ voiding it.
The former defense secretary says the FCID issued the certificate with the intention of remanding him adding that there are no adequate points to bring such an allegation against him.
Therefore, he has appealed to the Court of Appeal to issue a writ order to nullify the relevant certificate issued by the FCID under the Public Property Act.