Nethicumara’s FR petition dismissed

The Supreme Court yesterday refused to grant leave to proceed with a Fundamental Rights petition filed by Shanil Nethicumara involved in his family business ‘Salaka’ seeking an Interim Order preventing CID from arresting him.

This is over an allegation that he posed death threats to Wijith Wijesuriya over Anika Wijesuriya giving evidence at the Bond Commission against Minister Ravi Karunanayake.

The Supreme Court three-judge-bench comprising Justice Eva Wanasundara, Justice Buwaneka Aluvihare and Justice Anil Goonaratne refused to grant leave to proceed with the petition stating that there is no legal basis to proceed with the petition.

The petitioner has named IGP Pujith Jayasundara, CID Director SSP Shani Abeysekara and the Attorney General as respondents.

Nethicumara states that what was essentially a personal dispute has been deviously manipulated by Wijith Wijesuriya, the brother of Anika Wijesuriya and other interested parties into an allegation of threats to a witness before the Bond Commission.

The petitioner states that he became aware through the media that Yasantha Kodagoda PC, Additional Solicitor General had on October 1, 2017 informed the Bond Commission, that the petitioner had made death threats against Anika Wijesuriya.

The petitioner states that when he became aware of the above on October 17, 2017 he lodged a complaint with the Cinnamon Gardens Police Station against the fourth Respondent for assaulting and threatening him at the said Love Bar Club on October 14, 2017.

Nethikumara said on October 18, 2017, several national newspapers too reported that Additional Solicitor General Yasantha Kodagoda PC informed the Bond Commission on October 17, 2017 that Anika Wijesuriya who gave evidence before the Presidential Commission fled the country due to death threats posed to her by various parities affiliated with Minister Ravi Karunanayake.

The Petitioner states that the newspaper articles implied that SASG Yasantha Kodagoda had informed the Bond Commission that the Petitioner posed death threats to Anika Wijesuriya directly.

The Petitioner states that he was taken by surprise to read the claim that Anika Wijesuriya fled the country due to death threats posed to her by the Petitioner, as he learned from reports published that Anika Wijesuriya left the country on October 6,2017, 7 to 8 days before from the date on which the telephone conversations occurred.

The Petitioner states that he apprehends that he will be subject to arrest by the Criminal Investigation Department under the provisions of the Assistance to and Protection of Victims of Crime and Witnesses Act No 4 of 2015 which stipulates that bail can be granted only under exceptional circumstances by the Court of Appeal.

President’s Counsel Saliya Peiris with Sajith Jayawardena under the instructions of Sanath Wijewardena appeared for the petitioner. Counsel Asthika Devendra appeared for the respondent. Deputy Solicitor General Viraj Dayaratne appeared for the Attorney General.

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