When the case against the Corruption Commission for its failure to initiate investigation on the complaint made against Mohan Pieris by the Lawyer Nagananda Kodituwakku, Attorney at Law & Solicitor was called in for support before a specially constituted bench chaired by the Chief Justice, K Sripawan yesterday, two judges (Eva Wanasundara J and Priyasad Dep J) declined to take part in the hearing, citing personal reasons.
Writ of Mandamus against the Corruption Commission to inquire into the serious corruption charge leveled against AG Mohan Pieris for in connivance in defrauding over 600 million rupees of public funds alleged to have been misappropriated by Colombo Dockyard Company.
Counsel and the Petitioner in person Nagananda Kodituwakku, Attorney at Law, submitted to Court that he had originally filed the case before the Court of Appeal on 02nd March 2015 and supporting of it was opposed by three Deputy Solicitor Generals (Shavindra Fernando, Farsana Jameel and Milinda Gunathilake). The counsel further submitted that the reasons for such strong opposition was that the fear of corruption at the highest level in the AG’s Department being exposed. In the original application made to the Court of Appeal the Counsel had asked for an interim relief to have the passport of Mohan Pieris impounded. The Counsel informed the Court that the said prayer for relief had been withdrawn in this application due to the reliable information received that Mohan Mohan Pieris had already fled the Country and that very purpose of the writ application has now been lost.
Counsel Kodituwakku further submitted that in the absence of a request for an interim relief the Court may grant him permission to support the application. It was submitted that there is a public interest involved in the case, where the integrity of the judiciary has been destroyed by Mohan Pieris, the Respondent who had unlawfully held the high office of the Chief Justice.
However, the Court declined to hear the merits of the application until another Bench is constituted (without Eva Wanasundara J Priyasath Dep) and three other judges (Priyantha Jayawardena J, Buwaneka Aluwihare J and Sarath de Abrew J) on whom the Counsel had informed the Court he had no trust and confidence.
The supporting of the case was then put off for 30th April 2015 with notice served on the Respondents through the Registry of the Supreme Court.