A writ petition which was filed by Chief Superintendent of Police KBKeerthiratne and three constables seeking the quashing of the Kegalle Magistrate’s order to dismiss them in connection with the shooting death of a man during of a demonstration in Rambukkana was withdrawn yesterday at the Court of Appeal.
This was stated when a filed motion seeking the issuance of an interim order suspending the Kegalle Magistrate’s order to remand the suspects came to court yesterday.
The petition was brought before the Court of Appeal composed of judges Sobitha Rajakaruna and Dhammika Ganepola.
The Court of Appeals previously set the announcement of the order on August 30 on whether or not to issue an interim order regarding the case.
However, Kegalle High Court had recently filed a related petition as the group was ordered to be released on bail.
Accordingly, this motion was resumed yesterday and the President’s attorney, Shavindra Fernando, representing the petitioners, asked the Court to withdraw the motion.
Additional Solicitor General Vikum de Abrew, appearing on behalf of the attorney general, said he would not object. Accordingly, the application was granted by the Court. Chief Superintendent of Police KB Keerthiratne and three police officers filed the writ petition.
Chaminda Lakshan, a father of two, was shot dead by police during a protest rally in Rambukkana demanding petrol on 19 April.
On April 27, the Kegalle Magistrate ordered the arrest of the suspects who ordered the shooting and carried out the shooting.
The motion states that the order issued by the Kegalle Magistrate’s Court ordering the arrest of the suspects is legally flawed.
Consequently, the applicants argue that the order for dismissal issued against them after their appearance before the Court is also not in accordance with the law.
He also states that it is unfair to have been remanded in custody for more than a month while the investigation into this incident has not been completed. Accordingly, the motion seeks an order setting aside the order made by the trial court. Presidential advisers Rienzie Arsakularatne and Upul Jayasuriya appeared for the aggrieved parties.