Court of Appeal Judge Priyantha withdraws from Gotabaya's petition hearing

Appeals Court Judge Priyantha Fernando has recused himself from hearing the petition filed by former President Gotabaya Rajapaksa, requesting a writ order to prevent his arrest or detention under the Prevention of Terrorism Act, based on the facts revealed by 'Channel Four' regarding the Easter Sunday terrorist attack. The judge announced this when the petition was first considered before a bench comprising Appeals Court President Judge Rohantha Abeysooriya and Judge Priyantha Fernando.

Accordingly, this petition is scheduled to be considered today (18) before a new bench comprising Appeals Court President Judge Rohantha Abeysooriya and Appeals Court Judge Sarath Dissanayake.

In this petition, filed through Attorney-at-Law Sanath Wijewardena, the Inspector General of Police and the Director of the Criminal Investigation Department, Mr. Shani Abeysekera, among others, have been named as respondents. The former President states in his petition that he learned through media reports that the Colombo Fort Magistrate had issued an order prohibiting him from leaving Sri Lanka. Given this situation, the petitioner claims there is a high risk that he could be arrested and detained under the Prevention of Terrorism Act at any moment in connection with the Easter attack, based on the revelations made by 'Channel Four'.

Gotabaya Rajapaksa states that the current Director of the Criminal Investigation Department, Mr. Shani Abeysekera, was arrested on charges of fabricating false evidence during his tenure as President, and furthermore, the Presidential Commission that investigated the Easter attack also issued recommendations against him. The petition states that in such a background, a fair and impartial investigation cannot be expected from him, and any arrest made would be illegal as there is no evidence linking him to the Easter attack. The former President further points out that such an action would violate the principles of natural justice and restrict his personal liberty.

For these reasons, the petitioner requests the court to issue a writ order preventing his arrest, as well as an interim prohibitory order to remain in effect until the conclusion of the petition's hearing. Additionally, it is stated that the report of the committee appointed under the chairmanship of Supreme Court Judge Janak de Silva regarding the Easter Sunday attack and all related documents should be summoned to court. President's Counsels Ali Sabry and Romesh de Silva appeared for the petitioner, instructed by Attorney-at-Law Sanath Wijewardena, while Additional Solicitor General, President's Counsel Suharshi Herath, appeared for the respondents.