SC fixes to mention Avant-Garde Chairman’s FR on 19 July

By S.S. Selvanayagam

The Supreme Court yesterday fixed to be mentioned on 19 July to ascertain the proceedings in the Magistrate’s Court in respect of the Fundamental Rights petition filed by Avant-Garde Maritime Service Ltd. Chairman Nissanka Senadhipathi.

The Bench comprised Justices Buwaneka Aluvihara, Priyantha Jayawardane and Vijith K. Malalgoda. The Additional Solicitor General who appeared for the Attorney General undertook to maintain the status quo.

Petitioner Nissanka Senadhipathi is seeking an Interim Order from the Supreme Court preventing him from being arrested over a magisterial inquiry.

 He filed this petition challenging the magisterial inquiry on the alleged violation of the Firearms Ordinance and Explosive Act as set out in the B report submitted to the Galle Magistrate’s Court.

He cited IGP Pujith Jayasundara, CID Director SSP Shani Abeysekara, the Attorney General, N. Dissanayake who is former Assistant Secretary to the Defence Ministry and presently Secretary to the National Police Commission as well as 14 others as respondents. He states that the vessel MV Avant-Garde was detained and taken control of by the Sri Lanka Navy in international waters and that the weapons and ammunition on board MV Avant-Garde belong to the Government of Sri Lanka entrusted to Rakna Arakshaka Lanka Ltd. (RALL), which is also a fully State-owned entity which is under the purview of the Ministry of Defence.

He states there is no evidence whatsoever to indicate that the operations carried out between Avant-Garde and RALL were tainted with any form of illegality.

He also states that Police officers visited his residence with a view to ask him to come to the CID to record a statement and that no sooner the said statement was recorded, he would be arrested and taken into custody for the alleged violations of the provisions in the Firearms Ordinance and Explosive Act based on the ex facie false and baseless allegations.

Gamini Marapana P.C. with Navin Marapana appeared for the Petitioner. Sanjeeva Jayawardane PC appeared for N. Dissanayake. Senior Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General.