The Court of Appeal today issued an interim order preventing police from questioning former Attorney General Dappula de Livera with regard to anything done by him in the course of discharging his duties in the capacity of Attorney General.
The Court of Appeal’s two-judge bench, comprising Justice (President) Nissanka Bandula Karunaratne and M.A.R. Marikkar, further issued an interim order preventing the former Attorney General from being arrested in connection with a statement given to the media in his official capacity as Attorney General.
The Court of Appeal made this order pursuant to a writ petition filed by former Attorney General Dappula de Livera challenging the legality of summoning him to record a statement in connection with the Easter Sunday attacks.
Meanwhile, the Court issued notices to the respondents, returnable for May 10.
The former Attorney General stated that he was informed by the Chief Inspector of the Counter Terrorism Investigation Division that they would still require a statement to be recorded from him with regard to the “Grand Conspiracy” referred to by him in his interview given to the media in connection with the Easter Sunday attacks.
President’s Counsel Romesh de Silva, appearing for the former Attorney General, submitted to court that the Attorney General is immune and cannot be questioned over an opinion he made in his official capacity as Attorney General. He further said a statement, as sought to be obtained from his client, cannot be obtained from him as an attorney-at-law.
In his petition, the former Attorney General stated that the said interview was given as a result of information received by him in his official capacity as Attorney General, and this would be reflected in the documentation or files maintained at the Attorney General’s Department. He maintained that since he had retired as Attorney General, he did not possess files in relation to this matter.
Romesh de Silva, PC, instructed by Attorney-at-Law Sanath Wijewardane, appeared for the petitioner.
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