July 31, Colombo: The Court of Appeal has issued an interim injunction restraining the Colombo High Court from hearing a case filed by the Bribery Commission against Avant Garde Chairman Nissanka Yapa Senadhipathi and retired Army Major General Palitha Fernando.
The order was issued by a two-judge bench Appeal Court comprising justices Kumuduni Wickramasinghe and Devika Abeyratne after considering a petition filed by Nissanka Senadhipathi and Palitha Fernando. The order will be in effect until the final decision is made on the petition filed with the Court of Appeal.
Accordingly, the Court of Appeal allowed the petition to be heard and directed the court to issue notice to the Bribery Commission to appear before the court on September 02.
The Bribery Commission filed the case against Nissanka Senadhipathi and Palitha Fernando for allegedly soliciting a bribe of 35.5 Million Rupees to grant permission for Avant-Garde Maritime Services to operate a floating armory.
In his petition, Nissanka Senadhipathi claims the Commission to Investigate Allegations of Bribery or Corruption had filed the case without the written approval of all three commission members and therefore requests for the Court of Appeal to issue an order citing the case cannot proceed due to such reasons.