Court of Appeal stays the operation of recommendations by PCoI

August 03, 2021

The Court of Appeal today issued an interim order staying the operation of recommendations made by the Presidential Commission in respect of Senior State Counsel Janaka Bandara. Accordingly, the Court of Appeal issued a notice returnable on the 29th of September on several respondents including, the members of the Presidential Commission on Political Victimisation, in response to a writ petition filed by Senior State Counsel Janaka Bandara. The petitioner had named Chairman of the Presidential Commission of Inquiry appointed to look into alleged political victimization of public servants Upali Abeyratne, its members Daya Chandrasiri Jayathilaka, Chandra Fernando, its Secretary, and the AttorneyGeneral as respondents. The Court of Appeal three-judge-bench comprising Justice Nissanka Bandula Karunaratne, Justice Devika Abeyratne and Justice D.N. Samarakoon further issued an interim order to stay the operation of the Cabinet decision dated January 18, 2021, in respect of Senior State Counsel Janaka Bandararegarding a complaint made by Avant-Garde Chairman Nissanka Senadhipathi. The Court of Appeal observed that these interim orders will be effective until September 29 regarding the recommendations made against SSC Janaka Bandara. President's Counsel Romesh de Silva with counsel Sanath Wijewardena appeared for the petitioner. In his writ petition, SSC Janaka Bandara is seeking an order staying further proceedings of the Presidential Commission of Inquiry regarding a complaint made by Avant-Garde Chairman Nissanka Senadhipathi. Janaka Bandara, the prosecution counsel of the High Court, had been named as the fifth respondent of the commission of inquiry relating to the complaint lodged by NissankaSenadhipathi.

Court of Appeal stays the operation of recommendations by PCoI

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