Arraigned for allegedly contravening Public Property Act: ruling; Wimal contests court CA fixes April 7 to support notice

The Court of Appeal yesterday (4) fixed April 7 as the date to support the notice on the revision application filed by former Minister Wimal Weerawansa contesting his time in remand custody and seeking bail.

The matter came up before Justice H.C.J. Madawala.

Petitioner cited IP Anura Premaratne (OIC), ASP Kamal Paliskara, IP Sanjeewa Fernando, DIG Ravi Waidyalankara the FCID, IGP Pujith Jayasundara, Commissioner General of Prisons H.m.n.c.dhanasinghe and the Attorney General as well as the 2nd Suspect Samantha Priyanath Lokuhennedige as Respondents.

Gamini Marapane PC with Navin Marapane and Kaushalya Molligoda instructed by Sanath Wijewardane appeared for the Petitioner.

He is seeking the Court to set aside the judgment of the Colombo High Court which affirmed the Orders dated 10.01.2017 and 24.01.2017 made by Colombo Fort Magistrate’s Court committing him to remand custody.

He states he was questioned by the FCID with regard to a purported investigation on the allegations concerning allocation of fuel and drivers to certain vehicles obtained on rent by the State Engineering Corporation (SEC) for alleged Offences Against the Public Property Act.

He stated that when he served as the Minister of Construction, Engineering Services, Housing and Common Amenities a large number of subjects and functions were assigned to him and save making relevant policy decisions and the submission of relevant Cabinet memoranda where also a part of his duties while he maintained that he did not engage or participate in the day-to-day administrative matters of the ministry and departments and institutions coming thereunder.

He claimed that the Chairman/general Manager of the State Engineering Corporation was its Chief Financial Officer and the Secretary to the Ministry was its Chief Finance Officer and he had no financial authority over either the Ministry or the Corporation.

He challenged the court’s right to remand him as well allowing or refusing his bail applications as being illegal and violates his fundamental right to freedom from arbitrary arrest and detention and the right that every person shall be presumed innocent until he proven guilty.