Higher court stays Colombo HC 04 orders

Bail granted to heroin suspects

By Shamindra Ferdinando

Many an eyebrow has been raised over Attorney General Dappula de Livera’s unprecedented intervention in respect of a Colombo High Court ruling pertaining to two narcotics cases.

Authoritative sources told The Island that de Livera, PC, had moved the Court of Appeal in revision of two bail orders of the Colombo High Court 04 as regards detection of 65 grams and 485 grams of heroin.

Following the AG’s intervention, the Court of Appeal stayed bail being granted to the suspects. Sources said that the AG had intervened after a State Counsel assigned to Court No 04 challenged the granting of bail.

Of the seven High Courts in Colombo, two Courts, namely No 04 and 05, have been assigned the additional task of dealing with bail applications.

Court of Appeal judge Menaka Wijeyasundera issued the stay order pending further investigations. Sources familiar with the case said that the Attorney General’s Department examined the cases pertaining to bail applications handled by both Colombo High Courts.

Responding to a query, sources said that the Judicial Services Commission (JSC) could intervene in the matter on its own.

The Island asked Justice Minister Ali Sabry, PC, whether he would request the JSC to inquire into the matter. The minister said: “Such intervention is beyond the scope of the work of a justice minister. An appeal process is available for any party dissatisfied. If anything out of ordinary is visible, the Court of Appeal or the Attorney General can bring it to the attention of the JSC.”