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Bribery case against Ravi K: Supreme Court overturns Court of Appeal order
View(s):The Supreme Court has stayed a Court of Appeal order that prevented the Colombo High Court from hearing the bribery case against former Finance Minister Ravi Karunanayake and businessman Arjun Aloysius.
The case had been filed by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) over an incident where a company allegedly owned by Mr. Aloysius paid the lease for a luxury apartment where Mr. Karunanayake was staying.
Making a preliminary objection at the beginning of the High Court trial, Mr. Karunanayake’s lawyers argued that the case could not proceed as their client, who was a Cabinet Minister, could not be considered a “public servant” in terms of provisions of the Constitution. The prosecution opposed this argument. The High Court subsequently dismissed the preliminary objection and directed the prosecution to continue the trial.
Mr. Karunanayake, however, filed a petition in the Court of Appeal, which issued a stay order preventing the Colombo High Court from hearing the case. The Director General of CIABOC then filed a Special Leave to Appeal in the Supreme Court against the Court of Appeal order.
Additional Solicitor General Harippriya Jayasundara, supported by Senior State Counsel Udara Karunatilaka and CIABOC Additional Director Disna Gurusinghe, argued that Mr. Karunanayake could not file a leave to appeal in the Court of Appeal against the High Court order, which is an interim order in nature.
Having considered the submissions, the Supreme Court bench, comprising Justices Preethi Padman Surasena, Kumuduni Wickramasinghe, and Priyantha Fernando, issued the order staying the Court of Appeal’s order. The court also directed the parties to file written submissions within the stipulated time limits of the SC and fixed the matter for argument on September 4.
Faisz Musthapha, P.C., supported by Razik Zarook, P.C., appeared for Mr. Karunanayake.
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