SC fixes CB officer’s petition for Jan. 16
and Kandasamy Velupillai along with Murtaza Jafferjee, IGP Pujitha Jayasundara and the Attorney General as Respondents.
M.A. Sumanthiran PC with Niran Anketell, Junita Arulanantham and Jerusha Crossette Thambiah appeared for the Petitioner. Senior Additional Solicitor General Farzana Jameel with Deputy Solicitor General Nerin Pulle appears for the Respondents
Petitioner complains against some officials of the Attorney General’s Department that they had humiliated him in a degrading manner in the course of Presidential Commission Inquiry into the Treasury Bond matter.
Petitioner complains of the alleged treatment he suffered at the hands of the Senior Additional Solicitors General and Deputy Solicitor General
Supreme Court last week re-fixed for support on January 16, 2018 for granting of leave to proceed with the fundamental rights petition filed by a Central Bank officer seeking to prevent him from being questioned by the Attorney General’s Department officers assisting the Bond Commission until the final determination of his petition.
The Bench comprised Chief Justice Priyasath Dep, Justices Sisira J. De Abrew and Nalin Perera.
The Petitioner S. Pathumanapan in his petition cited Senior Additional Solicitors Dappula de Livera and Yasantha Kodagoda, Senior Deputy Solicitors General Milinda Gunetilleke and Dilan Ratnayake, Senior State Counsels Shaheeda Barrie, Dr Avanti Perera and Nayomi Wickremasekera and State Counsel Danushan Kaneshayogan all of them are assisting the Bond Commission to the investigation as well as the Central Bank Governor Dr Indrajit Coomaraswamy, Appointed Members of the Monetary Board, Central Bank Legal and Compliance Department Director P.v.l.nandasiri, Presidential Commission Chairman Justice K.t.chitrasiri, members Justice Prasanna Sujeewa Jayawardena acting with other respondents the threats, intimidations, duress, harassment, humiliating treatment and unlawful invasion of privacy amounts to cruel, inhuman and degrading treatment / punishment.
The 18th Respondent Murtaza Jafferjee – a private citizen with no power or authority to conduct investigations for and/or on behalf of the Commission or the State for the purpose of intimidating him and secure evidence required for their purpose, the 1st Respondent Senior Additional Solicitor General and 1st to 8th Respondents who are assisting the interrogation have acted in violation of the law, he alleges.
He is seeking an Interim Order from the Court to prevent the officers assisting Bond Commission (Attorney General Department) from taking any steps to require, summon, compel his presence at any interrogation, consultation or other such meeting until the final determination of his petition.
He alleges the actions of the respondents amount to an infringement and imminent infringement of his fundamental right to the freedom from torture, freedom from arbitrary arrest, freedom of lawful occupation and profession as well as consultative jurisdiction under article 129(1) Petitioner complains against some officials of the AG’S Dept. they had humiliated him in a degrading manner in the course of Presidential Commission Inquiry matter.