Court of Appeal suspends arrest order against Upul Tharanga
The Court of Appeal bench comprising of Justice M.T. Mohammed Laffar and Justice P. Kumararatnam, by an interim order, suspended the Order of Arrest made against Upul Tharanga, the Chairman of Selection Committee of Sri Lanka Cricket.
On October 8, Tharanga was warranted by the High Court of Matale on the basis that he did not appear before the Court to continue his evidence. Upul Tharanga was the complainant in a match fixing approach made in the Legends Cricket Trophy which was held in Kandy earlier this year.
By way of the petition, Tharanga, the petitioner, apprised court that he was the volunteer complainant and by complaining of the illegal attempt to match fixing in March 2024, where the petitioner has then withdrawn from the league thereafter. After the petitioner’s complaint, the Special Investigations Unit (SIU) had investigated and thereafter the accused had been prosecuted before the High Court of Matale. The petitioner thereafter had, on two occasions, appeared before court and adduced evidence and was subject to cross-examination as set out in his petition.
The petitioner, as per the petition, had set out that he had agreed to the further dates on October 8, 9 and 11, but thereafter on October 1 the Petitioner had taken steps to inform the SIU by phone and subsequently in writing of his difficulty and had been informed that this would not be an issue.
Thereafter, however, he was informed that there could be an issue. Though the petitioner had also had an attorney in court on that day, who had undertaken to produce the petitioner in court, however on an application the court had proceeded to issue a warrant and order of arrest at the airport.
Pursuant to the matter being supported in the Court of Appeal and submissions made, the Court of Appeal issued notice and granted an Interim Order suspending the decision of the High Court Judge of Matale on October 8 in issuing the warrant and an Interim Order preventing the SIU Investigator, Inspector General of Police, the Controller of Immigration and Emigration from arresting the petitioner, Upul Tharanga.
The Registrar of the Court of Appeal was also directed that all the respondents to be informed of the interim orders by telephone and fax. The next date the matter is to be taken up before the Court of Appeal on October 30.
Nishan Sydney Premathiratne, AaL, appeared with attorneys Shenali Dias and Vikum Jayasinghe on the instructions of Gamindu Karunasena for the petitioner, Tharanga.