The Court of Appeal says it will pronounce its order on September 1st on whether or not to allow the hearing of a petition filed seeking an order to remove the Police Special Task Force officers from the activities of the Bussa High Security Prison.
The petition has been filed by J.A. Ruwan Kumara alias Midigama Ruwan, who is said to be a powerful underworld leader.
The order was pronounced when the petition was called before the Court of Appeal’s President Justice Rohantha Abeysuriya and Priyantha Fernando for consideration today (17).
The lawyer appearing for the petitioner stated before the court that the Boossa Prison was declared a high-security prison by the Commissioner General of Prisons and that the Commissioner General of Prisons did not have the authority to issue such an order under the Prisons Act.
Pointing out that only the Minister in charge of the subject matter can issue such an order, the lawyer stated that it is completely against the law to use the Police Special Task Force for the internal affairs of the prison.
Additional Solicitor General Shanil Kularatne, appearing for the Attorney General, requested the court to dismiss this petition at the earliest opportunity.
Pointing out that it is possible to obtain the assistance of police officers for prison affairs in accordance with Section 77(5) of the Prisons Act, the Additional Solicitor General stated that since the officers of the Police Special Task Force are also a division of the Police Department, there is no legal obstacle to using them for those purposes.
The court, after considering the facts presented, ordered the lawyers of both parties to file written submissions, if any, related to this case before August 25. The judge also ordered that a decision be made on whether or not to allow this petition to be heard.