AC Justice Kumudini recuses from the case

Justice Kumudini Wickramasinghe yesterday recused herself from the Court of Appeal Bench, which was constituted to hear the writ petition filed by former defence secretary Gotabaya Rajapaksa.

The writ petition challenges the order of the permanent High Court Trial-atbar which has taken up for hearing the case in connection with D.A. Rajapaksa Museum. The Bench comprising Justices Kumudini Wickramasinghe and Mahinda Samayawardhana deferred the writ petition for March 11.

The petitioner cited the sitting judges of the HC Trial-at-bar, Sampath Abhayakoon (President), Sampath Wijeratne and Champa Janaki Rajaratne and the Attorney General as respondents.

Romesh de Silva PC with Ali Sabry PC, Sugath Caldera, Ruwantha Cooray and Harith de Mel instructed by Sanath Wijeyawardane appeared for the petitioner while Deputy Solicitors General Milinda Gunatilleke and Dileep Peiris appeared for the Attorney General.

The HC Trial-at-bar had overruled the preliminary objections raised by Mr. Rajapaksa and the six other accused.

Mr. de Silva PC had raised objections on the jurisdiction of the Court. The HC overruled the objections and fixed the case for October 9.

The petitioner seeks the Court to quash the order made by the HC on February 20 rejecting his plea in terms of Judicature (amendment) Act No. 9 of 2018. He said the sitting judges did not give him an opportunity to be heard prior to issuing its orderp1.