Petition to stay proceedings against incumbent Judge: Counsels for Bribery Commission raise preliminary objections in SC

The Supreme Court overruled primary objections raised by the Counsels for the Bribery Commission yesterday on the maintainability of the Writ Petition filed by incumbent Appeal Court Judge seeking the Supreme Court to stay the judicial proceedings against him. It was fixed for hearing June 3, 2018. The Bench comprised Chief Justice Priyasath Dep, Justices Vijith Malalgoda and Lalith Dehideniya.

It was fixed for hearing July 3, 2018

The Bench comprised Chief Justice Priyasath Dep, Justices Vijith Malalgoda and Lalith Dehideniya.

The Writ petition was filed against the decision of the Bribery Commission to institute proceedings.

M.A. Sumanthiran PC and Viran Corea appearing for the Bribery Commission raised the preliminary objections.

1) Suppression of material documents on giving parts of documents with the very annexures of the documents missing. Counsels contended it is contrary to the Rule 3 of the Supreme Court.

2) Necessary party, the Magistrate of the Court, where the corruption case has been filed was not named as Respondent as the Writ of prohibition is sought.

3) Suppression of material facts. Counsels contend the petitioner has not disclosed to the court how he came to possess a part of necessary documents minus other parts which contain facts on which the corruption charges are made.

Petitioner cited Justice T.B. Weerasuriya (President), Justice W.L.R. Silva and Chandranath Neville Guruge (Members) and Sarath Jayamanne PC (Director General) of the Bribery Commission as well as Mohan Peiris PC, M.M.C. Fernando, BASL President Udaya Rohan de Silva and the Attorney General as Respondents.

Faisz Musthapha PC with Sanjeeva Jayawardane PC and Manohara de Silva PC appeared for the Petitioner. M.A. Sumanthiran PC with Suren Fernando appeared for the President and the Members of the Bribery Commission, Viran Corea appeared for the Director General of Bribery Commission, Romesh de Silva appeared for the BASL. Additional Solicitor General Sanjay Rajaratnam appeared for the Attorney General.

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