By Susitha R. Fernando – Dailymirror –
A civil suit was filed in the District Court of Colombo yesterday against former Chief Justice Sarath N. Silva, complaining that he had abused his powers and worked off a personal grudge in his capacity as Chief Justice.
Citing Sarath N. Silva of Gregory’s Road, Colombo 7 as the defendant, plaintiff B. K. A. Pathmasiri Balasuriya of Bahirawakanda, Kandy filed this action.
In his civil suit, Mr. Balasuriya sought an order to declare that the former CJ had abused his powers and acted with malice and made him to be in remand for 294 days after having him arrested by making a false allegation.
The plaintiff stated that Mr. Sarath N. Silva, who was then President of the Court of Appeal, was angry with him over an action he had filed in Kandy in 1992 against the Ven. Rambukwelle Vipassi Mahanayake Thera of the Malwatta Chapter, over a land dispute, and the subsequent order he had obtained from the Court of Appeal. Later, on March 30, 2007, when the plaintiff went to the Kandy Magistrate’s court, he was falsely arrested on an order of the
Former CJ sued for Rs. 10 million
Kandy District Judge for allegedly masquerading as a lawyer within the Kandy courts complex and kept in remand for 294 days, until January 8, 2008.
However, when he filed a fundamental rights application against his prolonged detention, it was taken up before Sarath N. Silva, who was serving as the Chief Justice, and he had dismissed the application without even allowing him to make his submissions. The former CJ had also scolded him in open court, making various allegations against him, and ordered him out. Sarath N. Silva had also warned him not to even enter the court premises and said he would be punished severely if he did so.
Last month he had filed a fundamental rights application in the Supreme Court, seeking a declaration that his fundamental rights had been violated by the conduct of former CJ Sarath N. Silva and asked for a sum of Rs. 10 million as compensation. When it was taken up, the Supreme Court had observed that he should file action for damages in the District Court.
In his plaint to the District Court Mr. Balasuriya stated that Sarath N. Silva, during his tenure as Chief Justice, had abused his powers in connivance with other judges of the lower courts and kept him in remand for 294 days due to personal animosity.
He estimated the suffering he underwent due to his long incarceration and the damage caused to his reputation at Rs. 10 million.