Allegations Against Magistrate For Favouritism

By Nirmala Kannangara-Sunday, November 10, 2013 A complaint has been lodged with the Judicial Services Commission (JSC) by an Attorney at aw against a !agistrate "or committing irregularities and insulting lawyers# K# $# al Shantha% Attorney at law% has made complaints to the Secretary% JSC against the !agistrate alleging irregularities in carrying out duties and violating laws and insulting lawyers# &n two letters dated August '(% ')*+ and September ,% ')*+ to the Secretary JSC% al Shantha has "urnished documentary proo" to support his allegations as to how the !agistrate is committing irregularities and has re-uested the JSC to investigate into the matter# ./here are many instances where the !agistrate has overruled the law o" the country when his lawyer "riends appear be"ore him in certain cases# & have all documentary proo" to prove that the !agistrate has ta0en the law unto his own hands to grant bail to suspects when he has no authority to do so as a !agistrate%1 said al Shantha#

!eanwhile a cross section o" the 2lpitiya Bar% on condition o" anonymity% con"ormed to /he Sunday eader that they are well aware o" what is happening at the said !agistrate3s Court and endorsed the "acts given by al Shantha in his complaints to the JSC and added that they were ready to give evidence against the !agistrate i" an in-uiry is held by the JSC# &n a letter to the JSC% al Shantha has given an accurate% detailed report see0ing immediate action against this !agistrate# 4e hope that the JSC will ta0e necessary action to investigate into this as this has become a nuisance# &t is a 0nown secret that !agistrate gives certain decisions violating the rule o" law# 5ow can people see0 6ustice when the !agistrate is biased7 4e are not against the K.V. Lal Shanthas complaint against the Magistrate to the Judicial Service Commission, Firearms (amended) ct !o"## o$ !agistrate but only want the JSC to intervene so %&&' sa(s a person ta)en into custod( $or possession o$ an automatic gun shall *e punished +ith imrisonment $or li$e and the people can e8pect 6ustice "rom the ,he -ail ct !o" ./ o$ %&&0 +hich sho+s that an o$$ence punisha*le +ith death or li$e imprisonment shall not *e released !agistrate3s Court%1 said the lawyers# on *ail e1cept *( a Judge o$ the 2igh Court al Shantha% meanwhile% told this newspaper that the magistrate once insulted him at the !agistrate3s Chambers in "ront o" some o" his colleagues when he appeared be"ore him to get bail to one o" his clients# 9nce there was a re-uest "rom a "amily in 2lpitiya to appear "or a suspect who was in police custody# awyers re"used to appear "or the case simply because the other

contesting party was personally 0nown to the !agistrate# ater & "ound out that the other contesting person was a cler0 attached to the Courts# awyers have simply re"used to accept the case 0nowing that the magistrate is going to "avour his cler0# Being a law abiding citi:en o" this country and being a lawyer% & accepted the challenge and went to courts on August '(% ')*+# A"ter court proceedings% the police produced all the suspects in police custody be"ore the magistrate in his chambers# 4hen my client3s case (Case No; ())<=) was called% another lawyer who has been retained by my client re-uested the magistrate to grant bail to the suspect# Although this was an o""ence that bail could be granted% the magistrate without giving any reasons sent the suspect to prison "or *< days > till September *)# 4hen & pleaded with the !agistrate see0ing bail "or my client% the !agistrate shouted at me alleging that & threatened him by pointing my "inger at him# 5e "urther claimed that & did not 0now how to behave in courts and to respect the !agistrate# & did not point my "inger at the magistrate but merely raised my "inger which any lawyer does when spea0ing in the court house# 2ven without considering the accusations levelled against me & still re-uested the magistrate to grant bail "or my client# By this time the magistrate was in anger and shouted at me to leave the chambers saying ?get out o" this chamber i" not & am going to remand you as well (behepan ya0o eliyata nethnam umbawath remand 0aranawa)%1 said al Shantha# al Shantha "urther said that the magistrate wanted him to report the matter to the JSC i" & wanted to get a relie"# .&" & have misbehaved in the !agistrate3s Chambers% under the Criminal @rocedure Act No; *= o" *,A, Section <)% the magistrate could have ordered the police who were present in the chambers to arrest me# Section <) o" the Criminal @rocedure Code states thus; ?4hen any o""ence is committed in the presence o" a !agistrate within the local limits o" his 6urisdiction% he may himsel" arrest or order any person to arrest the o""ender3# By not doing so it is evident that & did not misbehave or insulted the magistrate# Just because he wanted to get me out o" his chambers 0nowing that & would "ight to get bail to my client% which would disappoint the court cler0% & was chased away "rom the chambers%1 said al Shantha# 3olice 4- report states that the arrested gun is /he magistrate did not have any right to sit on the bench "or a case where one o" his own sta"" members was involved# an automatic +eapon 4hen & told him that he did not have a right to hear the case% the magistrate wanted me to in"orm it to the JSC# /his clearly shows what his mentality was# Knowing that & was gathering all the documents to send the details to the JSC% !agistrate% through one o" his close associates% immediately put a motion and granted bail to my client within two days although he was remanded "or *< days# 2ven my client and his "amily were surprised as to why bail was granted when nobody "rom the "amily made any such re-uest%1 added al Shantha# al Shantha made another allegation against the !agistrate "or granting bail to a suspect ta0en into custody "or 0eeping an automatic gun in his possession#

9ut o" many irregularities% this is one "ine e8ample to show as to how the magistrate granted bail to a suspect who was arrested by the police "or 0eeping an automatic weapon in his possession# 4hen there are no provisions "or a !agistrate to grant bail to a suspect who had an automatic gun% the magistrate still granted bail to the suspect simply because the lawyer who appeared "or the case was a close associate o" his%1 alleged al Shantha# According to al Shantha% the police arrested this suspect "or having an automatic gun with him and was produced in courts# According to police ?B3 reports% this weapon was an automatic gun made in the Bnited States and similar weapons are used only in the security "orces and by the security o""icers in ban0s# Although the police reports submitted to courts clearly showed that the weapon was an automatic gun% the magistrate declared that it was not an automatic gun but a semiautomatic gun# 5ow can the magistrate come to a conclusion about the type o" the gun when the weapon was not even sent to Covernment Analyst3s Department "or authentication71 alleged al Shantha# According to the Eirearms (Amendment) Act No; '' o" *,,F an o""ender who had the custody or possession o" an automatic gun or repeater shot gun% shall be punished with imprisonment "or li"e# According to Section '' sub section (+) o" the principal enactment o" the Eirearms (Amendment) Act No# '' o" *,,F% any person who had an automatic weapon in his custody or possession shall be punished with imprisonment "or li"e# According to Bail Act No# +) o" *,,A% a person suspected or accused o" being concerned in committing or having committed an o""ence punishable with death or with li"e imprisonment% shall not be released on bail e8cept by a Judge o" the 5igh Court%1 added al Shantha# Although it was as such% in regard to case No# A)<,A "iled by the @olice% !agistrate declared the weapon as a semi-automatic gun and granted bail to the suspect# According to the law% a magistrate cannot ta0e any decision about an automatic gun but it should be re"erred to the 5igh Courts# &n this instance the !agistrate is accused not only o" granting bail to the suspect but declaring the weapon in -uestion as a semiautomatic weapon without sending the weapon to the Covernment Analyst3s Department "or authentication%1 added al Shantha# 5e "urther said that by the time bail was granted to the suspect by the !agistrate% a case was "iled in the 5igh Court see0ing bail "or the suspect# 5owever they said that they were ready to give evidence against the magistrate at the JSC or at the Bar Association openly i" they were given an opportunity# /hat is why we do not want your paper to highlight our names although we are disgusted# 4e want law and order to prevail in this court house but not dictatorship# 4e have seen as to how this magistrate shouts at our lawyers and even at police o""icers in open court%1 they said# !eanwhile% a higher police o""icer at the police% who wished to remain anonymous told /he Sunday eader that when the case was "iled against a person "or possessing an automatic gun% without considering the ?B3 report "acts% !agistrate granted bail to the suspect# ./his was the "irst time a suspect ta0en into custody "or possessing an automatic gun was granted bail# /his is strictly against the Eirearms (Amendment) Act No# '' o" *,,F#

/here are no legal provisions "or a magistrate3s court to grant bail other than "rom a 5igh Court# Since the bail was granted we have now stopped "urther investigations into this%1 said the police o""icer# /he !agistrate was not ready to ma0e any comment on the matter# !eanwhile% when Senior Assistant Secretary JSC Kanish0a 4i6eratne was contacted to "ind out about whether the JSC has initiated an investigation on the !agistrate% 4i6eratne wanted this reporter to send a re-uest to the Secretary JSC to get the details# ater% when contacted% 4i6eratne con"irmed /he Sunday eader that he was in receipt o" this reporter3s re-uest but said that he was not aware that the details could be given to the media or not# Anyhow we have to submit your re-uest to the Commission# 9nce the Commission meets they will decide whether to give the details to you or not# 4e have already initiated an investigation on the complaint%1 said 4i6eratne#