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Granting bail to suspended IGP, Def. Sec: HC rules Magistrate overstepped her authority
View(s):In issuing an order to grant bail to former Defence Ministry Secretary Hemasiri Fernando and the suspended Inspector General of Police (IGP) Pujith Jayasundara, the Colombo Chief Magistrate had overstepped her authority and acted outside her jurisdiction, the Colombo High Court has ruled.
Colombo High Court Judge Vikum Kaluarachchi made the observation in his ruling this week, overturning Colombo Chief Magistrate Lanka Jayaratne’s order that granted bail to the two suspects who were arrested in connection with the the Easter Sunday terror attacks. The ruling was made after the Attorney General’s Department filed a revision application in the Colombo High Court against the bail order given by the Chief Magistrate.
In his rulling, High Court Judge Kaluarachchi observed that the Chief Magistrate’s order had “shocked the conscience of this court” as she had clearly overstepped her authority.
The judge noted that under Section 296 of the Penal Code, the Attorney General has to indict the accused in a High Court on the charge of murder. A magistrate does not have the authority to rule that the AG could not file indictments against the accused in a High Court under Section 296, he asserted.
The High Court also dismissed the reasoning given by the Chief Magistrate that the two suspects did not have enough evidence to confirm that a terrorist attack was imminent.
The Court noted that the two suspects were not just two officers in the country’s security apparatus – they were its two senior most officers.
Given that 274 people lost their lives and many more suffered serious injuries in the April 21 attacks, and given that advance information was available regarding such an attack, the High Court ruled that the Attorney General’s decision to produce the suspects as those facing charges under Section 296 of the Penal Code was correct and justified.
Deputy Solicitor General Dileepa Peiris along with State Counsel Sahanya Narampanawa appeared for the AG’s Department while Anuja Premaratne PC and Anura Maddegoda PC appeared for the suspects.