The Court of Appeal dismissed the writ petition filed by former Minister Johnston Fernando seeking an Interim Order preventing him from being arrested by the CID in connection with May 9 attacks in Galle Face and Kollupitiya. The Court of Appeal yesterday issued an order stating that the Fort Magistrate could issue an appropriate new order to bring former Minister Johnston Fernando who was released on bail, back to Court.
The notice to the respondents in the relevant petition was also refused issue.The petition was taken up before the Court of Appeal Judges, Justices Sobhitha Rajakaruna and Dhammika Ganepola.
The interim order issued by the Court of Appeal on June 9 that he was ordered to surrender to the court and not to issue any order regarding his detention was revoked.
The order states that petitioner Johnston Fernando did not surrender to court voluntarily but in accordance with the Interim Order issued by court on that day. The court ruled that the order was issued to protect the rule of law and that the magistrate had issued the relevant orders in accordance with the interim order after Johnston Fernando appeared in Court. After considering the writ petition filed by Johnston Fernando, the Court of Appeal issued an interim order on June 9 and ordered him to appear before the Fort Magistrate’s Court before 8 pm that night.
Until then, the Fort Magistrate’s Court had ordered that the warrant issued for his arrest not be executed and that no order be issued against the surrendering suspect by the Court of Appeal.
The petition seeks a declaration that the CID’s preparation to arrest him as a suspect is illegal.
The IGP, the Director of the CID and others were named as respondents in the petition.
The petition states that he was charged in connection with the May 9 riots in Kollupitiya and the Galle Face Green. The case is being heard in the Fort Magistrate’s Court and the CID has named him as a suspect in the case on the instructions of the Attorney General. The petition also states that facts have been reported to the Colombo Fort Magistrate’s Court in this regard.
He also states that it is against the law for the CID to name him as such a suspect. Therefore, he seeks from the court to issue a writ order preventing his arrest.