SC overrules preliminary objections; fixed for hearing on 12 June

Petition to stay proceedings against incumbent Judge 

By S.S.Selvanayagam

The Supreme Court yesterday overruled the preliminary objections raised by the Counsels for the Counsels Bribery Commission on the maintainability of the Writ petition filed by Justice Nawaz and fixed the hearing for 12 June.

The Bench comprised Chief Justice Priyasath Dep, and Justices Vijith Malalgoda and Lalith Dehideniya.  The Writ petition was filed against the decision of the Bribery Commission to institute proceedings.

 M. A. Sumanthiran PC and Viran Corea appearing for the Bribery Commission raised preliminary objections.

 1)      Suppression of material documents on giving parts of documents with the very annexures of the documents missing. Counsels contended it is contrary to the Rule 3 of the Supreme Court.

2)      Necessary party, the Magistrate of the Court where the corruption case has been filed was not named as Respondent as the Writ of prohibition is sought.

3)      Suppression of material facts. Counsels contend the petitioner has not disclosed to the court how he came to possess a part of necessary documents minus other parts which contain facts on which the corruption charges are made.

The Petitioner cited Justice T. B. Weerasuriya (President), Justice W. L. R. Silva and Chandranath Neville Guruge (Members), and Sarath Jayamanne PC (Director General) of the Bribery Commission as well as Mohan Peiris PC, M. M. C. Fernando, BASL President Udaya Rohan de Silva and the Attorney General as Respondents.

Faisz Musthapha PC, with Sanjeeva Jayawardane PC and Manohara de Silva PC, appeared for the Petitioner. M. A. Sumanthiran PC, with Suren Fernando, appeared for the President and the Members of the Bribery Commission. Viran Corea appeared for the Director General of the Bribery Commission and Romesh de Silva appeared for BASL. Additional Solicitor General Sanjay Rajaratnam appeared for the Attorney General.