Court of Appeal reserves order on Lawyer Hizbullah’s bail application till Monday

By Chitra Weerarathne

The Court of Appeal yesterday (02) reserved for Monday the order in respect of the application for bail filed by Attorney-at-Law Hejaaz Hizbullah.

The application says Hizbullah was under detention before being indicted in the High Court of Puttalam and remanded. He has been refused bail by the High Court of Puttalam and consequently he has appealed to the Court of Appeal.

Romesh de Silva, President’s Counsel who appeared for Hizbullah, told the Court of Appeal that his client had been in remand for over two years without a reasonable allegation to go through such an ordeal.

The Attorney General on 20 January said he would not object to bail for Hizbullah. The Court of Appeal then conveyed to the High Court of Puttalam that the AG had consented to bail. But up to now Hizbullah has been in remand.

It was argued that he had been baselessly accused of holding Arabic Classes for children in Puttalam. He has also been falsely connected to the attempt to bomb the Cinnamon Grand Hotel, Colombo, in April 2019. But what had happened was the suspected bomber had been a client of Hizbullah.

President’s Counsel, Romesh de Silva told the Court of Appeal that the Prevention of Terrorism Act, did not prevent the Court of Appeal from granting bail. The Attorney General had consented to bail.

The Counsel stressed that Article 15 (2) of the Constitution granted unlimited powers to the Court of Appeal to grant bail. The sovereignty was in the people according to Article (3) of the Constitution. The legislature should not encroach on the judiciary since the sovereignty was in the people. The powers of the Court of Appeal to revise was inherent, he said.

Romesh de Silva appeared with Niran Anketell, Vasantha Kumar Niles, Harith de Mel and Shanaka Cooray, instructed by Sanath Wijewardene Associates. Additional Solicitor General Rohantha Abeysuriya PC appeared for the Attorney General. The Bench comprised Justice Menaka Wijesundera and Justice Neil Iddawela.