Indictment served on Tiran Alles despite order to maintain the status quo

By S.S.Selvanayagam

The Supreme Court yesterday fixed the rights petition of Tiran Alles to be taken on 18 October before the same Bench which granted leave to proceed and an interim order to maintain Status Quo (the existing state of affairs). 

The Bench comprised Chief Justice K.Sripavan and Justice Sirira J. De Abrew. Court observed that the matter had come before the Bench not properly constituted and was of the view that unless it is taken up before the same Bench which granted leave and the interim order, it would be subversion of the judicial process. 

When the indictment on Tiran Alles was served by the Attorney General before the High Court, the Counsel appearing  for him raised objection in respect of the interim order made by the Supreme Court to maintain Status Quo. 

The Counsel raised the preliminary objection on the premise that the service of the indictment on the accused and the institution of criminal proceedings against him was contrary to the Interim Order made by the Supreme Court. 

Subsequent to the objection, the High Court directed the parties to obtain an interpretation of the Interim Order made by the Supreme Court and communicate it to the High Court. 

Petitioner Tiran Alles in his petition sought the Supreme Court to issue an Interim Order preventing his arrest as he was the owner of a newspaper company and a close associate of the former President. 

He cited the IGP, Director of the Special Investigation Unit SP Mewan Silva, OIC of the SIU M.D.D.P.Gunathilake, Police Media spokesman ASP Ruwan Gunasekera and the Attorney General as Respondents. 

Romesh de Silva PC with Sugath Caldera appeared for the Petitioner. Additional Solicitor General Yashantha Kodagoda appeared for the State.