SC rejects Abrew’s FR case

BY STANLEY SAMARASINGHE-2016-01-12

The Supreme Court, in a unanimous decision yesterday, refused to grant leave to proceed with the Fundamental Right Application filed by former Supreme Court Judge K. A. Sarath de Abrew challenging the High Court case against him.
The FR Application was considered before the Bench comprising Chief Justice K. Sripavan and Justices Priyantha Jayawardana and Upali Abeyratna.

Petitioner Abrew filed this FR Application stating that the Attorney General has indicted him in the High Court of Colombo for sexual abuse under Sections 365B of the Penal Code. 

The petitioner further stated that Attorney General's decision to indict him was illegal, unlawful arbitrary malicious, unreasonable, politically motivated and violation of his Fundamental Rights.
The petitioner, in his petitions, stated that he was not against an investigation being conducted into the complaint made against him, but the circumstances revealed in this petition indicated that no fair and proper investigation had been conducted by the respondents, HQI of Mount Lavinia, OIC, CID, Director CID, Inspector General of Police, Complaints Unit of CID, ASP of CID and the Attorney General.

The petitioner further said that his wife was suffering from advanced dementia, and his 27-year old daughter was a mentally unstable patient suffering from Epilepsy and frequent seizures from her childhood.
Therefore, the petitioner requested the Court to declare the Attorney General's indictment as null and void and to stay the proceedings in the High Court and declare his FR was violated.

The Supreme Court, in it decision, stated that indictment was not unreasonable, arbitrary or malicious.
Additional Solicitor General Yasantha Kodagoda PC appeared for the Attorney General and police officers.
Manohara de Silva PC appeared for petitioner.
J.C. Weliamuna appeared with Pulasthi Hewamanna for the victim.