The Attorney General has said that steps would be taken to file a revision application in the Colombo High Court against the bail order delivered by the Chief Magistrate yesterday (9) in the magisterial inquiry into the alleged offences committed by former Defence Secretary Hemasiri Fernando and Inspector General of Police (IGP) Pujith Jayasundera.
The revision application against the Magistrate’s bail order is expected to be filed within the next few days, it is learnt.
The Colombo Chief Magistrate yesterday released Fernando and Jayasundera on bail after considering the allegations leveled against them.
Magistrate Lanka Jayaratne after citing the legal issues related to the charges leveled against the two individuals has stated that the murder charges under Section 296 of the Penal Code could not be maintained when considering the facts before the court.
Fernando and Jayasundera were arrested and remanded last week over the Easter Sunday attacks under Sections 296, 298, 328 and 329 of the Penal Code.
Section 296 deals with “Punishment for murder,” Section 298 with “Causing death by negligence,” Section 328 with “Causing hurt by an act which endangers life or the personal safety of others” and Section 329 with “Causing grievous hurt by act which endangers life or the personal safety of others.”
The Magistrate has also referred to a court order delivered by former Chief Justice Shirani Bandaranayake where the then Chief Justice had stated that persons cannot be jailed “for the sake of requests made by the police or to serve the whims of another party."
The Magistrate has further noted that the two state officials had been arrested without even recording a statement from them.