FR case filed against former CJ

Petitioner demands Rs.10 m as compensation alleging he was remanded for 294 days on false charges

By Stanley Samarasinghe

The former Chief Justice Sarath N. Silva who retired from his post just one month ago has been made a respondent in a Fundamental Rights Case filed before Supreme Court yesterday. Petitioner Balasuriya Kamkanamlage Abhaya Pathamasiri of No. 92/44 second Pushadama Avenue, Bahirawakanda of Kandy filed this application alleging that former CJ was instrumental in remanding him for 294 days on false charges.
He claims Rs.10 million as compensation.
Petitioner filed this application personally stating that he was prevented from coming to court in legally constituted time because respondent was the Chief Justice at the relevant time.
Petitioner also requests the registrar of the Supreme Court to allow him to support the application before court on July 21 or August 4 or August 25, 2009.
According to the petitioner he filed a case in the Kandy Magistrate Court in 1992 against Rev. Rambukwella Dharmarakkitha Vipassi Thera alleging that the priest appropriated lands belong to petitioner along with Temple land and leased it to Central Finance of Kandy.
When this case No. 14726/92 was taken up before Magistrate Court the Magistrates were very reluctant to hear the case and it was postponed for several times allegedly due to personal reasons.
Then petitioner went before Court of Appeal and obtained an order to transfer the case to Colombo Magistrate Court. Then District Judge of Kandy refused to implement the Appeal Court Order. The petitioner insisted that the Rs.10 million is sufficient compensation for the stain on his character and loss of business during his incarceration.

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